Florida Bar rules proposals (Chapter 6)
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 6 LEGAL SPECIALIZATION AND EDUCATION PROGRAMS
6-3 FLORIDA CERTIFICATION PLAN
RULE 6-3.14 SUNSET OF CERTIFICATION AREAS
If any certification committee has not received an initial certification application for 5 consecutive years, the Board of Legal Specialization and Education will petition the Supreme Court of Florida to close the certification area to initial applicants. The recertification standards of the certification area will remain in effect. When the Board of Legal Specialization and Education determines there have been no new initial certification applications for 5 consecutive years, the bar will post a notice on its website that no new applications will be accepted until the Supreme Court of Florida determines whether to close the certification area to initial applicants. The bar will then accept no new applicants for that area until the court makes its determination.
6-10 CONTINUING LEGAL EDUCATION REQUIREMENT RULE
RULE 6-10.2 ADMINISTRATION
(a) Board of Legal Specialization and Education. The board of legal specialization and education shall administers the continuing legal education requirements as herein provided in this rule. Any member affected by an adverse decision of the board of legal specialization and education may appeal as provided in rule 6-10.5.
(b) Delegation of Authority. The board of legal specialization and education may delegate to the staff of The Florida Bar any responsibility set forth hereinin this rule, except that of granting a waiver or exemption from continuing legal education requirements.
(c) Scope of Board of Legal Specialization and Education Activities. The board of legal specialization and education shall cooperates with and answers inquiries from staff pertaining toon continuing legal education requirements and makes recommendations to the board of governors concerningon continuing legal education requirements, including but not limited to:
(1) approved education courses;
(2) approved alternative education methods;
(3) number of credit hours’ credit to be allowed for various education efforts;
(4) established educational standards for satisfaction and completion of approved courses;
(5) additional areas of education and/or practice approved for credit under continuing legal education requirements;
(6) modification or expansion of continuing legal education requirements;
(7) adoption of additional standards or regulations pertaining tofor continuing legal education requirements;
(8) amount of reporting or delinquency fees; and
(9) general administration of continuing legal education requirements.
(d) Maintenance of Records. The Florida Bar shall maintains a record of each member’s compliance with continuing legal education requirements.
(e) Extensions. The Board of Legal Specialization and Education may adjust the time for completion for continuing legal education requirements on the executive director or board of governors’ request for good cause shown, which may include, but is not limited to:
(1) national or regional emergency;
(2) flood, fire, hurricane, extended extreme weather, or explosion;
(3) disease, epidemic, pandemic, or quarantine;
(4) war, invasion, or terrorist threats or acts;
(5) extended riots, protest, civil unrest, civil strife, or political unrest; or
(6) local, state, federal, or foreign government recommendation, regulation, mandate, order, law, statute, or advisory.
Requests for extensions from individual members will not be considered.
RULE 6-10.4 REPORTING REQUIREMENTS
(a) Reports Required Reporting. Each member except those exempt under rule 6-10.3(c) must file a report showing compliance or noncompliance with the continuing legal education requirement in the form prescribed by the board of legal specialization and education unless exempt under these rules. 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 rule 6-10.3. Members described in subdivisions (c)(4) through (c)(6) of rule 6-10.3 are automatically exempt from compliance and reporting of continuing legal education.
(b) Time for Filing. The report must be filedEach member must report required credit hours with The Florida Bar no later than the last day of the member’s applicable reporting period as assigned by The Florida Bar.
6-12 BASIC SKILLS COURSE REQUIREMENT RULE
RULE 6-12.1 BASIC SKILLS COURSE REQUIREMENT
(a) Preamble. It is of primary importance to the public and to the members of The Florida Bar that attorneyslawyers begin their legal careers with a thorough and practical understanding of the law. To accomplish that objective, each Florida Bar member of The Florida Bar (hereinafter referred to as “member”) shallmust comply with the basic skills course requirement (hereinafter BSCR) through the completion of continuing legal education programscourses developed and presented by theThe Florida Bar Young Lawyers Division of The Florida Bar (hereinafter YLD). Oversight of member compliance with this rule shall be the responsibility of theThe board of legal specialization and education (hereinafter BLSE.)is responsible for oversight of Florida Bar member compliance with this subchapter.
(b) Applicability. Every member admitted to The Florida Bar after October 1, 1988 shallmust comply with the BSCRbasic skills course requirement.
RULE 6-12.2 ADMINISTRATION
(a) Responsibility. The YLD shall be responsible for the planning, content, and presentation of programs for BSCR complianceYoung Lawyers Division plans the content and presents basic skills courses. The YLD shall alsoYoung Lawyers Division establishes minimum quality standards for the Practicing with Professionalism programcourse, towhich must include instruction on discipline, ethics, professionalism, and responsibility to the public. The BLSE shallboard of legal specialization and education oversees member compliance with BSCRthe basic skills course requirement and adopts necessary implementation policies necessary for implementation. Such policies shall be subject to approval by the board of governors.
(b) Delegation of Authority. The BLSEboard of legal specialization and education may delegate to theFlorida Bar staff of The Florida Bar any responsibility set forth hereinin this subchapter, except that of denying a waiver or exemption from BSCRthe basic skills course requirement.
(c) WaiverExtensions. On special application and for good cause shown, the BLSEThe board of legal specialization and education may adjust the time for completion, may waive compliance, or accept a substitute program, for either component of BSCRthe basic skills course requirements on the executive director or board of governors’ request for good cause shown, which may include, but is not limited to:
(1) national or regional emergency;
(2) flood, fire, hurricane, extreme weather, or explosion;
(3) disease, epidemic, pandemic, or quarantine;
(4) war, invasion, or terrorist threats or acts,;
(5) extended riots, protest, civil unrest, civil strife, or political unrest; or
(6) local, state, federal, or foreign government recommendation, regulation, mandate, order, law, statute, or advisory.
(d) Maintenance of Records. The Florida Bar shallwill maintain a record of each Florida Bar member’s compliance with BSCRthe basic skills course requirement.
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 33 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 6-12.5 NONCOMPLIANCE AND SANCTIONS
(a) Notice of Noncompliance. If a Florida Bar member fails to comply with this rule, the member shall beis deemed delinquent as provided as provided elsewhere in the Rules Regulating The Florida Bar. The BLSE shallFlorida Bar must promptly send a notice of noncompliance to suchthe noncompliant member.
(b) Appeal to the Board of Governors. A delinquent member shall have the right tomay appeal the delinquency determination to the board of governors under such rules and regulations as it may prescribeprocedures the board of governors prescribes.
(c) Appeal to the Supreme Court of Florida. A delinquent member shall have the right tomay appeal the board of governors determination of the board of governors to the Supreme Court of Florida under such rules and regulations as it may prescribethe court prescribes.
(d) Exhaustion of Remedies. A delinquent member must exhaust each of the remedies provided under these rules in the order enumerated before proceeding to the next remedy.
(e) Tolling Time. An appeal shall tolls the determination of noncompliance and resulting delinquency until such time as all appeals have been completed or the time for taking sameappeal has expired.
RULE 6-12.6 REINSTATEMENT
Any member delinquent in completion of the BSCRthe basic skills course requirement may be reinstated by the executive director or board of governors upon athe delinquent member showing of compliance with the BSCRthe basic skills course requirement and payment of a uniform reinstatement fee, as establishedset by the board of governors.
RULE 6-12.7 CONFIDENTIALITY
The files and records maintained regarding appeals and hearings conducted under this rule and any hearings in connection therewith shall beare confidential until suchthe time asfor the appeals process has concludedended. If a member is deemed delinquent pursuant tounder this rule, that fact shall beis public information.
RULE 6-12.8 DISCIPLINARY ACTION
The BLSEboard of legal specialization and education may refer a Florida Bar member who makes a misrepresentation of a material fact concerning the BSCRthe basic skills course requirement for disciplinary investigation as provided elsewhere in these Rules Regulating The Florida Bar.
