Florida Bar rules proposals
The Board of Governors of The Florida Bar gives notice of filing with the Supreme Court of Florida, on or about October 1, 2023, a petition to amend the Rules Regulating The Florida Bar. The full text of the proposed amendments is below. Members who desire to comment on these proposed amendments may do so within 30 days of the filing of the Bar’s petition. Comments must be filed directly with the clerk of the Supreme Court of Florida, and a copy must be served on the executive director of The Florida Bar. Rule 1-12.1, Rules Regulating The Florida Bar, governs these proceedings.
RULE 1-3.7 REINSTATEMENT TO MEMBERSHIP
(a) Eligibility for Reinstatement. Members who have retired or been delinquent for a period of time not in excess ofless than 5 years are eligible for reinstatement under this rule. Time will be calculated from the daydate of the retirement or delinquency.
Inactive members may also seek reinstatement under this rule.
(b) Petitions Required. A member seeking reinstatement must file a petition with the executive director setting forth the reason for inactive status, retirement, or delinquency and showing good cause why the petition for reinstatement should be granted. The petitioner must include all required information on a form approved by the board of governors. The petition must be accompanied by a nonrefundable reinstatement fee of $150 and payment of all arrearages unless adjusted by the executive director with concurrence of the executive committee for good cause shown. Inactive members are not required to pay the reinstatement fee. No member will be reinstated if, from the petition or from investigation conducted, the petitioner is not of good moral character and morally fit to practice law or if the member is delinquent with the continuing legal education or basic skills course requirements, except that the executive director has discretion to waive or extend the time period to complete continuing legal education or basic skills course requirements on a showing of undue hardship.
If the executive director is in doubt as to approval of a petition, the executive director may refer the petition to the board of governors for its action. Action of the executive director or board of governors denying a petition for reinstatement may be reviewed on petition to the Supreme Court of Florida.
(c) Members Who Have Retired or Been Delinquent for Less Than 5 Years, But More Than 3 Years. Members who have retired or been delinquent for less than 5 years, but more than 3 years, must complete 1110 hours of continuing legal education courses for each year or portion of a year that the member had retired or was deemed delinquent.
(d) Members Who Have Retired or Been Delinquent for 5 Years or More. Members who have retired or have been deemed delinquent for a period of 5 years or longermore will not be reinstated under this rule and must be readmitted upon application to the Florida Board of Bar Examiners and approval by the Supreme Court of Florida.
(e) Members Who Have Permanently Retired. Members who have permanently retired will not be reinstated under this rule.
(f) Members Delinquent 60 Days or Less. Reinstatement from delinquency for payment of membership fees or completion of continuing legal education or basic skills course requirements approved within 60 days from the date of delinquency is effective on the last business day before the delinquency. Any member reinstated within the 60-day period is not subject to disciplinary sanction for practicing law in Florida during that time.
(g) Inactive Members. Inactive members may be reinstated to active membership in good standing toand become eligible to practice law in Florida by petition filed with the executive director, in the form and as provided in (b) above, exceptif:
(1) If the member has been inactive for greatermore than 5 years, has been authorized to practice law in another jurisdiction, and either actively practiced law in that jurisdiction or held a position that requires a license as a lawyer for the entire period of time, the member will be required to complete the Florida Law Update continuing legal education course as part of continuing legal education requirements.
(2) If the member has been inactive for greatermore than 5 years and does not meet the requirements of subdivision (1), the member will be required to complete the basic skills course requirement and the 330-hour continuing legal education requirement.
(3) An inactive member is not eligible for reinstatement until all applicable continuing legal education requirements have been completed and the remaining portion of membership fees for members in good standing for the current fiscal year have been paid.
RULE 6-10.3 MINIMUM CONTINUING LEGAL EDUCATION STANDARDS
(a) Applicability. Every member must comply and report compliance with the continuing legal education requirement, except those exempt under subdivision (c) of this rule. Members must apply for and receive approval by the bar of an exemption from compliance and reporting of continuing legal education under subdivisions (c)(1) through (c)(3) of this rule. Members described in subdivisions (c)(4) through (c)(6) of this rule are automatically exempt from compliance and reporting of continuing legal education.
(b) Minimum Hourly Continuing Legal Education Requirements. Every member must complete a minimum of 30 credit hours of approved continuing legal education activity every 3 years. At least 3 of the 30 credit hours must be in approved technology programscourses. At least 5 of the 30 credit hours must be in approved legal ethics, professionalism, substance abuse, or mental health and wellness programscourses; as part of the 5 credit hours, each member must complete, during each reporting cycle, the 2-credit hour Florida Legal Professionalism course produced by The Florida Bar and approved by the Supreme Court of Florida. Completion of the basic skills course that is certified as including the curriculum of the court-approved Florida Legal Professionalism course complies with the 2-credit hour professionalism requirement. If a member completes more than 3330 credit hours during any reporting cycle, the excess credits cannot be carried over to the next reporting cycle.
(c) Exemptions.
(1) Automatic Exemption. The following are automatically exempt from continuing legal education requirements without application:
(A) members of the full-time federal judiciary who are prohibited from engaging in the private practice of law;
(B) justices of the Supreme Court of Florida; judges of the district courts of appeal, circuit courts, and county courts; and other judicial officers and employees as designated by the Supreme Court of Florida; and
(C) inactive Florida Bar members.
(2) Application for Exemption. A Florida Bar member may apply for and be granted an exemption from compliance and reporting of continuing legal education for:
(A) active military service;
(B) undue hardship; or
(C) residing outside the state of Florida and not delivering legal services or advice on matters or issues governed by Florida law while a nonresident.
(d) Course Approval. Course approval is set forth in policies adopted under this rule. Courses sponsored by governmental agencies for employee lawyers are exempt from any course approval fee and may exempt these courses from other requirements under policies adopted by the board of legal specialization and education. The board of legal specialization and education may not approve any course submitted by a sponsor, including a section of The Florida Bar, that uses quotas based on race, ethnicity, gender, religion, national origin, disability, or sexual orientation in the selection of course faculty or participants.
(e) Accreditation of Hours. Accreditation standards are set forth in the policies adopted under this rule. Any course presented, sponsored, or approved for credit by an organized integrated or voluntary state bar is deemed an approved course for purposes of this rule if the course meets the criteria for accreditation established by policies adopted under this rule.
(f) Full-time Government Employees. Credit hours will be given to full-time government employees for courses presented by governmental agencies. Application for credit approval may be submitted by the full-time government lawyer before or after attendance without charge.
(g) Skills Training Preadmission. The board of legal specialization and education may approve a basic-skills or entry-level training program developed and presented by a governmental entity for continuing legal education requirement credit. Credit earned through attendance at an approved course developed and presented by a governmental entity is applicable under subdivision (b) of this rule if taken within 12 months before admission to The Florida Bar.
RULE 6-12.3 REQUIREMENT
(a) Course Components. Compliance with BSCRthe basic skills course requirement includes:
(1) completion of a Practicing with Professionalism programcourse sponsored by the YLDYoung Lawyers Division, which must include the curriculum of the 2-credit hour Florida Legal Professionalism course required by rule 6-10.3(b); and
(2) completion of 3 elective,21 credit hours of Young Lawyers Division-sponsored basic, substantive, basic-level continuing legal education programscourses sponsored by the YLD.
(b) Time for Completion. BSCRThe basic skills course requirement must be completed as follows:
(1) theThe Practicing with Professionalism programcourse must be completed no sooner than 12 months prior tobefore or no later than 12 months followingafter Florida Bar admission to The Florida Bar; and
(2) theThe 3 elective, basic, 21 credit hours of substantive, basic-level continuing legal education programscourses must be completed during the member’s initial 3-year continuing legal education requirement reporting cycle assigned on Florida Bar admission to The Florida Bar.
RULE 6-12.4 DEFERMENT AND EXEMPTION
(a) Deferment of Practicing with Professionalism Requirement.
(1) Deferment Eligibility. A Florida Bar member of The Florida Bar is eligible to defer compliance with the requirements of rule 6-12.3(a)(1)completion of the Practicing with Professionalism program if:
(A) the member is on active military duty;
(B) compliance would create an undue hardship;
(C) the member is a nonresident member whose primary office is outside the state of Floridawho does not deliver legal services or advice on matters or issues governed by Florida law; or
(D) the member elects inactive membership status in The Florida Bar.
(2) Deferment Expiration. A deferment of the Practicing with Professionalism program requirements of rule 6-12.3(a)(1) as provided under this rule shall expires at the timewhen the Florida Bar member is no longer eligible for deferment. UponOn expiration, a Florida Bar member must:
(A) promptly notify The Florida Bar in writing of the date deferment expired; and
(B) attend the Practicing with Professionalism program within 12 months of deferment expiration.
(b) Deferment of Substantive Basic Level YLD CoursesSkills Course Requirement.
(1) Deferment Eligibility. A Florida Bar member of The Florida Bar is eligible to defer compliance with the requirements of rule 6-12.3(a)(2)completion of the substantive basic skills course requirement if:
(A) the member is on active military duty;
(B) compliance would create an undue hardship;
(C) the member is a nonresident member whose primary office is outside the state of Floridawho does not deliver legal services or advice on matters or issues governed by Florida law;
(D) the member is a full-time governmental employee; or
(E) the member elects inactive membership status in The Florida Bar.
(2) Deferment Expiration. An undue hardship deferment for the basic skill course requirement remains in effect for no more than 1 reporting cycle. A deferment of the requirements of rule 6-12.3(a)(2) as provided under this rule substantive basic skills course requirement for all other reasons expires when the member is no longer eligible for deferment. On expiration, a Florida Bar member must:
(A) promptly notify The Florida Bar in writing of the date deferment expired; and
(B) complete 3 elective, basic,21 credit hours of substantive, basic-level continuing legal education programscourses sponsored by the YLDYoung Lawyers Division within 24 months of deferment expiration.
(c) Exemption.
(1) Governmental Practice. The bar will grant an exemption from the 3 elective, basic, substantive21 credit hours of substantive, basic-level continuing legal education programscourses sponsored by the YLDYoung Lawyers Division required by rule 6-12.3(a)(2) if athe member has been continuously engaged in the practice of law for a Florida or federal governmental entity as a full-time governmental employee for a period of at least 6 years.
(2) Foreign Practice. The bar will grant an exemption from the 3 elective, basic, substantive21 credit hours of substantive, basic-level continuing legal education programscourses sponsored by the YLDYoung Lawyers Division required by rule 6-12.3(a)(2) if a member has been continuously engaged in the practice of law (non-governmental) in a foreign jurisdiction for a period of 5 years, can demonstrate completion of 330 hours of approved continuing legal education within the immediate 3-year period, and can attest that the continuing legal education completed has reasonably prepared the member for the anticipated type of practice in Florida.
RULE 20-3.1 REQUIREMENTS FOR REGISTRATION
In order to be a Florida Registered Paralegal under this chapter, an individual must meet 1 of the following requirements.
(a) Educational and Work Experience Requirements. A person may become a Florida Registered Paralegal by meeting 1 of the following education and paralegal work experience requirements:
(1) a bachelor’s degree in paralegal studies from an approved paralegal program, plus a minimum of 1 year of paralegal work experience;
(2) a bachelor’s degree or higher degree other than a juris doctorate from an institution accredited by a nationally recognized accrediting agency approved by the United States Department of Education or the Florida Department of Education, plus a minimum of 3 years of paralegal work experience;
(3) an associate degree in paralegal studies from an approved paralegal program, plus a minimum of 2 years of paralegal work experience;
(4) an associate degree from an institution accredited by a nationally recognized accrediting agency approved by the United States Department of Education or the Florida Department of Education, plus a minimum of 4 years of paralegal work experience;
(5) a juris doctorate degree from an American Bar Association accredited institution, plus a minimum of 1 year of paralegal work experience; or
(6) a juris doctorate degree from an American Bar Association accredited institution and licensure in good standing in a United States jurisdiction other than Florida, with no minimum paralegal work experience.
(b) Certification. A person may become a Florida Registered Paralegal by obtaining 1 of the following certifications:
(1) successful completion of the Paralegal Advanced Competency Exam (PACE certification as offered by the National Federation of Paralegal Associations “NFPA”) and good standing with NFPA; or
(2) successful completion of the Certified Legal Assistant/Certified Paralegal examination (CLA/CP certification as offered by the National Association of Legal Assistants “NALA”) and good standing with NALA.
(c) Grandfathering ReapplicationDesignation by Attestation. A paralegal who was registered under the grandfathering provision on or prior to March 1, 2011, who resigns or whose registration is revoked may reapply based on work experience alone. The paralegal must provide work experience as defined elsewhere in these rules for 5 of the 8 years immediately preceding the date of reapplicationA person who does not meet the requirements of subdivisions (a) or (b) may become a Florida Registered Paralegal by meeting the following requirements:
(1) providing attestation from an employing or supervising lawyer on a form approved by The Florida Bar that the person has paralegal work experience as defined elsewhere in these rules for 5 of the 8 years immediately preceding the date of the attestation and a statement of proficiency describing the applicant’s work experience as a paralegal; and
(2) submitting at the time of the application proof that the applicant has completed the following continuing education requirements within the prior 3 years from the date of the application: 3330 hours of general continuing education including 10 hours of ethics/professionalism and 3 hours of technology. Acceptable courses include those approved for credit by The Florida Bar, NALA, or the NFPA.
RULE 20-6.1 GENERALLY
Florida Registered Paralegals must complete a minimum of 330 hours of continuing education every 3 years, 5 hours of which must be in legal ethics or professionalism and 3 hours of which must be in technology. Acceptable courses include those approved for credit by The Florida Bar, the National Association of Legal Assistants (NALA), or the National Federation of Paralegal Associations (NFPA). A Florida Registered Paralegal who resigns or whose status has been revoked but is otherwise eligible for re-registration must complete at least 110 hours of continuing education for each year the Florida Registered Paralegal was previously registered in order to be eligible for re-registration. The new registration will be revoked unless the continuing education hours are completed before the re-registration application and posted on The Florida Bar website within 30 days of the effective date of the re-registration. The Florida Registered Paralegal will be given a new 3-year continuing education cycle on re-registration.
Comment
Continuing education is an important component of the Florida Registered Paralegal program and necessary to maintain the status of a Florida Registered Paralegal. If a Florida Registered Paralegal resigns or has had the paralegal’s status revoked at the end of a continuing education cycle without completing the necessary hours, the paralegal must show that the paralegal has completed a minimum of 110 hours of continuing education for each year of the immediately preceding term that the paralegal was registered. For example, if the paralegal was registered for 2 years, the paralegal must complete at least 220 hours of continuing education in order to re-register. The courses must be completed prior to the date the paralegal reapplies for Florida Registered Paralegal status. As an example, assume that a Florida Registered Paralegal was given a continuing education cycle that ran from January 1, 2011, to January 1, 2014, and the Florida Registered Paralegal resigned or had the paralegal’s status revoked in October 2013. If the paralegal reapplies for Florida Registered Paralegal status in February 2014, the paralegal must show 220 hours of continuing education credit completed between January 1, 2011, to January 1, 2014, to be eligible to re-register. Because a Florida Registered Paralegal must enter all course credits on The Florida Bar’s website and access to the portion of the website where credits are posted is not available during the period the paralegal was not registered, the Florida Registered Paralegal will have 30 days after re-registration to enter the credits. Failure to timely enter the credits will result in the Florida Registered Paralegal’s status being revoked. The Florida Registered Paralegal will be given a new continuing education cycle on re-registration. The purpose of this rule is to ensure that Florida Registered Paralegals continue their education. This is meant to avoid a situation where a Florida Registered Paralegal has not completed the continuing education requirement, resigns, and then re-registers with a new 3-year cycle, having failed to complete the requisite hours when previously registered.
If a Florida Registered Paralegal resigns or has the paralegal’s status revoked during the continuing education cycle, the cycle will not reset. For example, assume a Florida Registered Paralegal has a continuing education cycle beginning January 1, 2011 and ending January 1, 2014. The Florida Registered Paralegal’s status is revoked in October 2012, for failure to pay the annual renewal. If the paralegal reapplies and is re-registered in December 2012, the continuing education cycle will remain the same, and the Florida Registered Paralegal will have until January 1, 2014, to complete the necessary hours.
RULE 21-3.1 CONTINUING LEGAL EDUCATION
(a) Basic Skills Course Requirement. A lawyer certified to practice law in Florida as a military spouse must complete the basic skills course requirement as set forth in subchapter 6-12 of these rules within 6 months of initial certification.
(b) Exemption and Deferment. A lawyer certified to practice law in Florida as a military spouse is not eligible for exemption from or deferral of the basic skills course requirement.
(c) Minimum Ongoing Requirement. A lawyer certified to practice law in Florida as a military spouse must complete 110 hours of continuing legal education during each year the authorization is renewed, including 1 hour of technology and 2 hours of legal ethics, professionalism, bias elimination, substance abuse, or mental health and wellness each year.
