The Florida Bar

Florida Bar News

Florida Bar rules proposals

Notices

The Board of Governors of The Florida Bar gives notice of filing with the Supreme Court of Florida, on or about January 5, 2024, 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.

 CHAPTER 1 GENERAL

RULE 1-3.2 MEMBERSHIP CLASSIFICATIONS

(a)  Members in Good Standing.

(1)  Members of The Florida Bar in good standing means only those persons licensed to practice law in Florida who have paid annual membership fees for the current year and who are not retired, resigned, revoked, disbarred, delinquent, on the inactive list for incapacity, or suspended.

(2)  Members of The Florida Bar who have elected inactive status, who have paid annual membership fees for the current year, and who are not retired, resigned, revoked, disbarred, delinquent, suspended, or on the inactive list for incapacity, are considered to be in good standing only for purposes of obtaining a certificate of good standing and for no other purpose.  A certificate of good standing issued to an inactive member will reflect the member’s inactive status.

(b)  Inactive Members.  Inactive members of The Florida Bar means only those members who have properly elected to be classified as inactive in the manner elsewhere provided. A member may elect inactive status only if the member is currently in good standing.

Inactive members will:

(1)  pay annual membership fees as set forth in rule 1-7.3;

(2)  be exempt from continuing legal education requirements;

(3)  affirmatively represent their membership status as inactive members of The Florida Bar when any statement of Florida Bar membership is made;

(4)  not hold themselves out as being able to practice law in Florida or render advice on matters of Florida law unless certified as an emeritus lawyer under chapter 12 of these rules;

(5)  not hold any position that requires the person to be a licensed Florida lawyer;

(6)  not be eligible for certification under the Florida certification plan;

(7)  not vote in Florida Bar elections or be counted for purposes of apportionment of the board of governors;

(8)  certify on election of inactive status that they will comply with all applicable restrictions and limitations imposed on inactive members of The Florida Bar, unless certified as an emeritus lawyer under chapter 12 of these rules.

Failure of an inactive member to comply with all these requirements is cause for disciplinary action.

An inactive member may, at any time, apply for reinstatement to active membership in good standing to become eligible to practice law in Florida in the manner provided in rule 1-3.7.

RULE 1-3.3 OFFICIAL BAR NAME AND CONTACTREQUIRED INFORMATION

(a)  Designation.  Each member of The Florida Bar must designate an official bar name, mailing address, business telephone number, and business e-mail address.  The official bar name may not be a fictitious name.  If the physical location or street address is not the principal place of employment, the member must also provide an address for the principal place of employment.  The Florida Bar may excuse a bar member from the requirement of providing an e-mail address if the bar member has been excused by the court from e-service or the bar member demonstrates that the bar member has no e-mail account and lacks Internet service at the bar member’s office.

(b) Notice of Admission to Other Jurisdictions.  Each member of The Florida Bar must notify The Florida Bar of all other states, including the District of Columbia, in which that member is licensed to practice law.

(c)  Practice Under Official Bar Name.  A member must practice only under the member’s official bar name.  This rule does not prohibit a lawyer from using a law firm name that does not include the lawyer’s official bar name in compliance with other Rules Regulating The Florida Bar.

(bd)  Changes.  Each member must promptly notify the executive director of any changes in any information required by this rule.  The official bar name of each member of The Florida Bar must be used in the course of the member’s practice of law.  Members may change their official bar name only by sending a request to the Supreme Court of Florida.  The court must approve all official bar name changes.

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 11 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 33-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 1-7.3 MEMBERSHIP FEES

(a)  Membership Fees Requirement.  On or before July 1 of each year, every member of The Florida Bar must pay annual membership fees to The Florida Bar in the amount of $265 per annum, except those members who have retired, resigned, been revoked or disbarred, or been classified as inactive members under rule 3-7.13chapter 3.  Every member of The Florida Bar must pay the membership fee and concurrently file a fee statement with any information the board of governors requires.

(b)  Prorated Membership Fees.  Membership fees will be prorated for anyone admitted to The Florida Bar after July 1 of any fiscal year. The prorated amount will be based on the number of full calendar months remaining in the fiscal year at the time of their admission.

Unpaid prorated membership fees will be added to the next annual membership fees bill with no penalty to the member.  The Florida Bar must receive the combined prorated and annual membership fees payment on or before August 15 of the first full year fees are due unless the member elects to pay by installment.

(c)  Installment Payment of Membership Fees.  Members of The Florida Bar may elect to pay annual membership fees in 3 equal installments as follows:

(1)  in the second and third year of their admission to The Florida Bar;

(2)  if the member is employed by a federal, state, or local government in a non-elected position that requires the individual to maintain membership in good standing within The Florida Bar; or

(3)  if the member is experiencing an undue hardship.

A member must notify The Florida Bar of the intention to pay membership fees in installments. The first installment payment must be postmarked no later than August 15.  The second and third installment payments must be postmarked no later than November 1 and February 1, respectively.

Second and third installment payments postmarked after their respective due dates are subject to a one-time late charge of $50. The late charge must accompany the final payment. The executive director, with concurrence of the executive committee, may adjust the late charge.

The Florida Bar will send written notice to the last official bar address of each member who has not paid membership fees and late fees by February 1.  Written notice may be by registered or certified mail, or by return receipt electronic mail. The member will be a delinquent member if membership fees and late charges are not paid by March 15. The executive director, with concurrence of the executive committee, may adjust these fees or due date for good cause.

Each member who elects to pay annual membership fees in installments may be charged an additional administrative fee set by the board of governors to defray the costs of this activity.

(d)  Election of Inactive Membership.  A member in good standing may elect to be classified as an inactive member.  This election must be indicated on the annual membership fees statement and received by The Florida Bar by August 15.  If the annual membership fees statement is received after August 15, the member’s right to inactive status is waived until the next fiscal year.  Inactive classification will continue from fiscal year to fiscal year until the member is reinstated as a member in good standing who is eligible to practice law in Florida.  The election of inactive status is subject to the restrictions and limitations provided elsewhere in these rules.

Membership fees for inactive members are $175 per annum.

(e)  Late Payment of Membership Fees.  Payment of annual membership fees must be postmarked no later than August 15.  Membership fees payments postmarked after August 15 must be accompanied by a late charge of $50. The Florida Bar will send written notice to the last official bar address of each member whose membership fees have not been paid by August 15.  Written notice may be by registered or certified mail, or by return receipt electronic mail. The member is considered a delinquent member on failure to pay membership fees and any late charges by September 30, unless adjusted by the executive director with concurrence of the executive committee.

(f)  Membership Fees Exemption for Activated Reserve Members of the Armed Services.  Members of The Florida Bar engaged in reserve military service in the Armed Forces of the United States who are called to active duty for 30 days or more during the bar’s fiscal year are exempt from the payment of membership fees.  The Armed Forces of the United States includes the United States Army, Air Force, Navy, Marine Corps, Coast Guard, as well as the Army National Guard, Army Reserve, Navy Reserve, Marine Corps Reserve, the Air National Guard of the United States, the Air Force Reserve, and the Coast Guard Reserve.  Requests for an exemption must be made within 15 days before the date that membership fees are due each year or within 15 days of activation to duty of a reserve member.  To the extent membership fees were paid despite qualifying for this exemption, the membership fee will be reimbursed by The Florida Bar within 30 days of receipt of a member’s request for exemption.  Within 30 days of leaving active duty status, the member must report to The Florida Bar that the member is no longer on active duty status in the United States Armed Forces.

CHAPTER 8.  LAWYER REFERRAL RULE

8-1.  GENERALLY

RULE 8-1.1 STATEMENT OF POLICY AND PURPOSES

Every citizen of the state should have access to the legal system.  A person’s access to the legal system is enhanced by the assistance of a qualified lawyer.  Citizens often encounter difficulty in identifying and locating lawyers who are willing and qualified to consult with them about their legal needs.  To this end bonaBona fide not-for-profit state and local bar associations are uniquely qualified to provide lawyer referral services under supervision by The Florida Bar for the benefit of the public.  It is the policy of The Florida Bar‘s policy is to support the establishment of local lawyer referral services and to encourage those services to: (a) make legal services readily available to the general public through a referral method that considers the client’s financial circumstances, spoken language, geographical convenience, and the type and complexity of the client’s legal problem; (b) provide information about lawyers and the availability of legal services that will aid in the selection of a lawyer; (c) inform the public when and where to seek legal services and provide an initial determination of whether those services are necessary or advisable; and (d) provide referral to consumer, government, and other agencies when the individual’s best interests so dictate.

8-2.  REQUIREMENTS

RULE 8-2.1 REQUIREMENTS FOR ESTABLISHING A LAWYER REFERRAL SERVICE SPONSORED BY A LOCAL BAR ASSOCIATION

The Board of Governors of The Florida Bar may adopt such regulations as it deems desirable governing the establishment, operation, and termination of lawyer referral services operated by a local bar association.

NoA local bar association shallmay operate a lawyer referral service except upon application to andonly on approval by theThe Florida Bar Board of Governors of The Florida BarNo lawyer referral service shall be approved by The Florida Bar unless suchA lawyer referral service sponsored by a local bar association must be is offered primarily for the benefit of the public and unless such lawyer referral service is established and operated by a nonprofit organization exempt from federal taxation under section 501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code of 1986.

RULE 8-2.2 LOCAL BAR ASSOCIATION SPONSORED LAWYER REFERRAL BYLAWS

The bylaws or rules and regulations that govern an existing lawyer referral service or the proposed bylaws or rules and regulations that will govern a proposed lawyer referral service must include the following.

(a)  Proof of Professional Liability Insurance.  All members of the lawyer referral service must maintain and provide proof to the sponsoring local bar association of professional liability insurance in the minimum amount of $100,000, unless the proposed lawyer referral service itself carries professional liability insurance in an amount not less than $100,000 per claim or occurrence.

(b)  Membership Restricted to Geographic Area.  All members of the lawyer referral service must maintain an office in the geographic area served by the proposed lawyer referral service.

(c) Membership Eligibility.  Membership in the lawyer referral service is limited to members of The Florida Bar in good standing or members of other jurisdictions in good standing with no pending disciplinary matters in which probable cause has been found by any court or other authorized disciplinary agency of any jurisdiction.

(1) Membership will be denied if at the time of the initial application, the applicant:

(A) has a disciplinary matter with a finding of probable cause pending in any court or other authorized disciplinary agency of any jurisdiction;

(B) the applicant has received within the past 5 years:

(i) any discipline by any court or other authorized disciplinary agency of any jurisdiction; or

(ii) any judgment, conviction (whether or not adjudicated), or determination in a court or administrative proceeding of the commission of any act of false statement, fraud, dishonesty, or misrepresentation;

(B) has received within the past 10 years:

(i) any determination by any court or other authorized disciplinary agency of any jurisdiction resulting in suspension; or

(ii) disciplinary revocation, disciplinary resignation, disbarment, or their equivalents of the applicant’s license to practice law; or

(C) is currently on probation with any court or other authorized disciplinary agency of any jurisdiction, in which case the lawyer referral service will not consider the application until the lawyer has successfully completed the probationary period.

(2) The lawyer referral service will suspend membership of a member if probable cause is found by any court or other authorized disciplinary agency of any jurisdiction.

(3) The lawyer referral service will remove a member if the member has:

(A) willfully failed to abide by the bylaws or rules of the proposed lawyer referral service;

(B) signed any application or other certification or report to the proposed lawyer referral service that is found to be untrue in any material respect; or

(C) become ineligible to provide the legal services for which persons are referred.

RULE 8-2.23 CONTENTS OF APPLICATION

An application by aA local bar association to the Board of Governors of The Florida Bar for authorityseeking approval to operate a lawyer referral service under this chapter must be in writing filedfile a written application with The Florida Bar the executive director.  The application must containing the following information:

(a)  Statement of Benefits.  Aa statement of the benefits to the public to be achieved by the implementation ofimplementing the lawyer referral service.;

(b)  Proof of Nonprofit Status.  Proofproof that the referral service is established and operated by a nonprofit organization exempt from federal taxation under section 501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code of 1986.;

(c)  Submission and Content of Bylaws.  Thethe proposed bylaws or rules and regulations that will govern the lawyer referral service; must include the following regulations:

(1)  All members of the proposed referral service must provide proof of professional liability insurance in the minimum amount of $100,000 unless the proposed lawyer referral service itself carries professional liability insurance in an amount not less than $100,000 per claim or occurrence.

(2)  The proposed lawyer referral service will accept membership applications only from lawyers who maintain an office in the geographic area served by the proposed lawyer referral service.

(3)  The proposed lawyer referral service agrees to maintain an alphabetical member list, updated quarterly, with The Florida Bar.  In turn, The Florida Bar will notify the service of any unresolved finding of probable cause against a member.  When probable cause has been found at the local grievance committee level, and the lawyer referral service has been notified, the service must hold referral to the member in question until the matter is resolved.  If the member is in good standing with The Florida Bar and eligible to practice law in Florida after the resolution of the matter, then the member may be returned to the service.

(d)  Estimated Number of Panel Members.  Thethe estimated number of lawyers who will participate in the service.;

(e)  Number of Local Lawyers.  Thethe number of lawyers in the area.;

(f)  Statement of Need.  Aa statement of the condition that evidencesdemonstration of a need for the service in the area.;

(g)  Geographic Operational Area.  Thethe geographic area in which the proposed referral service will operate.;

(h)  Statement of Operation.  Aa statement of how the lawyer referral service will be conducted.;

(i)  Statement of Fees.  Aa statement of fees to be charged by the lawyer referral service, including, but not limited to, fees charged by the referral service to members of the public using the service and fees charged by the referral service or remitted to the referral service by member lawyers.;

(j)  Statement of No Discrimination.  Aa statement that the lawyer referral service will be open for referral to the members of the public without regard to race, sex, ethnicity, gender, religion, national origin, disability, marital status, sexual orientation, age, or socioeconomic status, employment, or physical characteristic.; and

(k)  Statement of No Discrimination in Local Bar Membership.  Aa statement that the local bar association is representative of the profession in the area of the service and is open to all members of the profession on an equal basis.

RULE 8-2.34 APPROVAL OF APPLICATION

The board of governors may approve or disapprove the application to operate a lawyer referral service or it may call forrequire additional information upon which to base its decisionNo lawyer referral service shall be commenced by or on behalf of a local bar association until approval thereof has been communicated in writing from the Board of Governors of The Florida BarThe board of governors’ written decision will be provided to the applicant.

8-3.  SUPERVISION AND REPORTING REQUIREMENTS

RULE 8-3.1 SUPERVISION AND REPORTING REQUIREMENTS

The Florida Bar must actively supervise the operation and conduct of all lawyer referral services established under this chapter at no charge to the local bar association or its lawyer referral service.

RULE 8-3.2 REPORTING REQUIREMENTS

Any lawyer referral service approved by The Florida Bar and operated by a local bar association shall submit 3 quarterly reports and an annual report to The Florida Bar.  The reports shall contain:

(a)  a statement of the sources of income by category and amount;

(b)  a statement of expenditures by category and amount;

(c)  the number of attorneys who were members of the lawyer referral service for the reporting period and special panels, if any;

(d)  the number of inquiries received by the referral service from members of the public during the reporting period;

(e)  the number of referrals for legal services made by the service during the reporting period;

(f)  the number of referrals for nonlegal services made by the service during the reporting period;

(g)  a statement of the operation of the lawyer referral service, including the number of personnel employed and the means by which referrals are made by the service; and

(h)  a statement of changes, if any, to the bylaws and regulations governing the lawyer referral service.

The annual report shall also contain a proposed budget for the next year and a statement of any material changes in the operation of the lawyer referral service since the filing of the initial application under rule 8-2.2 above.

(a) Quarterly Reports.  Any lawyer referral service approved by The Florida Bar and operated by a local bar association must submit quarterly reports to The Florida Bar containing:

(1) a statement of the sources of income by category and amount;

(2) a statement of expenditures by category and amount;

(3) the number of lawyers who were members of the lawyer referral service for the reporting period and special panels, if any;

(4) the number of inquiries received by the referral service from members of the public during the reporting period;

(5) the number of referrals for legal services made by the service during the reporting period;

(6) the number of referrals for nonlegal services made by the service during the reporting period;

(7) a statement of the operation of the lawyer referral service, including the number of personnel employed and the means by which referrals are made by the service; and

(8) a statement of changes, if any, to the bylaws and regulations governing the lawyer referral service.

(b) Annual Report.  Any lawyer referral service approved by The Florida Bar and operated by a local bar association must submit an annual report to The Florida Bar that contains the information in the quarterly reports above plus a proposed budget for the following year and a statement of any material changes in the operation of the lawyer referral service since the filing of the initial application or the immediate past annual report, whichever is later.

(c) Disciplinary History Request for New Applicants.  Any lawyer referral service approved under this chapter must notify The Florida Bar in the manner specified by the bar of each new applicant and obtain that applicant’s disciplinary history before admitting the applicant to membership.

(d) Notice of Removal or Resignation of Panel Members.  Any lawyer referral service approved under this chapter must notify The Florida Bar in the manner specified by the bar of each member who is removed from or voluntarily stops participation with the approved lawyer referral service.

The Florida Bar shall actively supervise the operation and conduct of all lawyer referral services established under this chapter and may require such other information as it deems necessary to determine the benefits of such service to the public and the achievement of the policies stated herein.  The Florida Bar shall not make any charge to the local bar association or its lawyer referral service for such supervision.

8-4.  REVOCATION

RULE 8-4.1 REVOCATION

Upon good cause shown, theThe board of governors may revoke the authority of any bar association to operate a lawyer referral service for good cause.  Good cause  includes, but is not limited to, failure to comply with any requirements of this chapter.

8-5.  IMMUNITY

RULE 8-5.1 GENERALLY

The staff of The Florida Bar Lawyer Referral Service, as well as and any local bar associations with a lawyer referral service approved under rule 8-2.1this chapter, including their directors, officers, lawyer referral service committees, and staff, have absolute immunity from civil liability for all acts in the course of their official duties in furtherance ofunder this chapter.

CHAPTER 11 RULES GOVERNING THE LAW SCHOOL PRACTICE PROGRAM

RULE 11-1.8 CONTINUATION OF PRACTICE PROGRAM AFTER COMPLETION OF LAW SCHOOL PROGRAM OR GRADUATION

(a)  Certification.  A law student at an American Bar Association-approved Florida law school who has filed an applicationapplied for admission to The Florida Bar, received an initial clearance letter as to character and fitness from the Florida Board of Bar Examiners, completed a law school practice program awarding a minimum of 3 semester credit hours or the equivalent or requiring at least 200 hours of actual participation in the program, and had certification withdrawn by thewhose law school dean has withdrawn certification for by reason of successful completion of the program or has graduated from law school following successful completion of the program may make appearances for any of the same supervisory authorities under the same circumstances and restrictions that were applicable to students in law school programs under this chapter if the supervising lawyer:

(1)  files a certification in the same manner and subject to the same limitations as that required to be filed by the law school dean;

(2)  further certifies that the lawyer assumes the duties and responsibilities of a supervising lawyer under this chapter; and

(3) files a separate certificate of the dean stating that the law student has successfully completed the law school practice program.  This certification may be withdrawn in the same manner as provided for the law school dean’s withdrawal of certification.

(b)  Graduates of Non-Florida Law Schools.  A graduate of an American Bar Association-approved non-Florida law school may qualify for continuation in the practice program if the graduate has filed an application for admission to The Florida Bar, received a letter of initial clearance as to character and fitness from the Florida Board of Bar Examiners, and has successfully completed a clinical program in law school that met the definition of a law school practice program under rule 11-1.2 that awarded a minimum of 3 semester hours or the equivalent or required at least 200 hours of actual participation in the program.

(b) Certification of Law School Graduates. A graduate of an American Bar Association approved law school who has filed an application to The Florida Bar and received an initial clearance letter as to character and fitness from the Florida Board of Bar Examiners may appear for the maximum term of certification of 12 months from graduation for the same entities and under the same restrictions that apply to students in law school practice programs under this chapter if the supervising lawyer:

(1) files a certificate of the dean of the law school, or a person designated by the dean, that the applicant graduated from law school on the date stated in the certificate;

(2) files the Florida Board of Bar Examiner’s initial clearance letter of the applicant as to character and fitness; and

(3) further certifies that the lawyer assumes the duties and responsibilities of the supervising lawyer as provided by other provisions of this rule.

(c)  Term of Certification.  The maximum term of certification for graduates is 12 months from the date of graduation.

(d)  Termination of Certification.  Failure to take the next available Florida bar examination, failure of any portion of the Florida bar examination on the second administration if a second administration is required, or denial of admission to The Florida Bar terminates certification under this rule.

(e)  Withdrawal of Certification.  Certification may be withdrawn in the same manner as the law school dean’s withdrawal of certification.

CHAPTER 20 FLORIDA REGISTERED PARALEGAL PROGRAM

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 AttestationA 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:  30 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.

News in Photos