Proposed board action
Pursuant to Standing Board Policy 1.60, the Board of Governors of The Florida Bar publishes this notice of intent to consider the following items at its September 8, 2023 board of governors meeting. This is governed by Rule 1-12.1, Rules Regulating The Florida Bar. If approved by the board, most rules amendments must still be formally filed with the Supreme Court of Florida, with further notice and opportunity to be heard, before they are officially approved and become effective. Amendments to section bylaws and standing board policies are final on board of governors action. Additionally, non-substantive edits to conform to the Florida Supreme Court style guide are not noted in the summary. To receive a full copy of the text of proposed amendments, email Kelly Smith at [email protected]. Reference any requested proposal by its title and date of this publication.
FINAL ACTION
RULES REGULATING THE FLORIDA BAR
Chapter 1 General
RULE 1-3.7 REINSTATEMENT TO MEMBERSHIP
Within subdivision (c), lowers the continuing legal education credit hours from 11 to 10. Within subdivision (g)(2), lowers the continuing legal education credit hours from 33 to 30.
Chapter 6 Legal Specialization and Education Programs
RULE 6-10.3 MINIMUM CONTINUING LEGAL EDUCATION STANDARDS
Reorganizes the rule to clarify automatic exemptions and when a Florida Bar member may apply for and be granted an exemption from compliance and reporting of continuing legal education. Within subdivision (b), adds that completion of the basic skills course containing the approved professionalism curriculum meets the 2-hour professionalism course requirement.
RULE 6-12.3 REQUIREMENT
Changes “programs” to “courses” throughout. Changes 3 courses to 21 credit hours. Within subdivision (a)(1), adds that the Practicing with Professionalism course must include the curriculum of the required 2-credt hour Florida Legal Professionalism course under rule 6-10.3(b).
RULE 6-12.4 DEFERMENT AND EXEMPTION
Within subdivision (c)(2), changes the continuing legal education requirement from 33 to 30 hours.
Chapter 20 Florida Registered Paralegal Program
RULE 20-3.1 REQUIREMENTS FOR REGISTRATION
Within subdivision (c), changes the continuing legal education requirement from 33 to 30 hours.
RULE 20-6.1 GENERALLY
Within the rule and comment, changes the continuing legal education requirement to match that of the new CLE requirement for Florida Bar members.
Chapter 21 Military Spouse Authorization to Engage in the Practice of Law in Florida
RULE 21-3.1 CONTINUING LEGAL EDUCATION
Within subdivision (c), changes required continuing legal education hours from 11 to 10 and deletes bias elimination.
Board of Legal Specialization and Education Policies
BLSE Policy 5.09 CLER Components Approval Guidelines
Within subdivision (f), clarifies that bias elimination qualifies for general credit.
BLSE Policy 5.10 Individual Credit Approval Guidelines
Within subdivisions (f) and (g), lowers CLE hours from 11 to 10 and clarifies that the .5 professionalism credit does not count toward the new required 2-hour professionalism course.
BLSE Policy 6.02 Reporting
Within subdivision (f)(7), changes 11 to 10 for CLE credit hours.
FIRST READING
Chapter 1 General
RULE 1-3.2 MEMBERSHIP CLASSIFICATIONS
Within subdivision (b), adds that only a current member in good standing may elect inactive status.
Chapter 2 Bylaws of The Florida Bar
BYLAW 2-3.10 MEETINGS
Deletes references to specific matters for which the board may meet in executive session and instead refers to the definition of executive session in the standing board policies.
Chapter 3 Rules of Discipline
RULE 3-5.2 EMERGENCY SUSPENSION; AND INTERIM PROBATION; OR INTERIM PLACEMENT ON THE INACTIVE LIST FOR INCAPACITY NOT RELATED TO MISCONDUCT; AND FREEZING TRUST ACCOUNTS
Removes procedures for freezing trust accounts and for placement on the inactive list due to incapacity.
RULE 3-5.3 DIVERSION OF DISCIPLINARY CASES TO PRACTICE AND PROFESSIONALISM ENHANCEMENT PROGRAMS
Within subdivision (c) clarifies the date limitation on eligibility for diversion. Within subdivision (d), adds “or staff counsel’s designee.” Within subdivisions (h), (k), and (l), changes costs of diversion to fees for diversion, changes annually to periodically for determination of diversion fees, removes publication of diversion fees.
RULE 3-7.13 INCAPACITY NOT RELATED TO MISCONDUCT
In the title, deletes “not related to misconduct.” Moves prohibition from practicing law from subdivision (a) to new subdivision (e). Moves reinstatement from subdivisions (c) and (d) to new subdivision (g). Adds new subdivision (e) setting forth the effects of incapacity. Adds new subdivision (f) stating that the bar may proceed under this rule or under regular disciplinary proceedings when misconduct is involved.
RULE 3-XXX
Moves procedures for freezing trust accounts out of rule 3-5.2 and into its own rule. In new subdivision (c), changes filing of petition and supporting documents from the interested party to The Florida Bar in accordance with current practice.
Chapter 4 Rules of Professional Conduct
Preamble
Replaces zealous with commitment and dedication. Adds commentary addressing removal of zealous.
RULE 4-1.3 DILIGENCE
Within the first paragraph of the comment, deletes references to zeal.
Chapter 6 Legal Specialization and Education Programs
RULE 6-4.3 MINIMUM STANDARDS
In subdivision (c), adds “circuit court”. In subdivision (c)(1), eliminates “that resulted in verdict.” In subdivision (c)(2), adds “jury” and eliminates “that resulted in verdict.” In subdivision (e)(1), adds “for up to 3 substitutions.” In subdivision (e)(2), adds “for 1 substitution.” In subdivision (e)(3), adds that 2 substitutions can be county court trials and adds standards to qualify.
RULE 6-4.4 RECERTIFICATION
In subdivision (b)(1), removes “case” and adds “jury trial.” In subdivision (b)(2), adds “circuit court.” In subdivision (d), adds 1 substitution is allowed for recertification.
Standing Board Policies
Standing Board Policy 15.55 Deferral of Disciplinary Investigation During Civil, Criminal and Administrative Proceedings
Policy is reorganized. Within subdivision (d), adds procedure for board approval of deferral of disciplinary investigation for pending criminal or civil proceedings at a grievance committee’s recommendation noting the designated reviewer’s position.
Standing Board Policy 15.91 JUDICIAL REFERRALS AND COMPLAINTS
Changes rule title to “Communications Policy for Complaints.” Expands the policy on informing judicial officers regarding the status of referrals to the bar to all complainants. Within subdivision (a), changes from bar counsel is assigned or substituted to the matter is transferred from ACAP/Intake to a branch or between branches. Within subdivision (i), changes “all pleadings” to “the complaint.” Adds new subdivision (m) that complainants should be given a status update every 60 days.
Standing Board Policy 9.10 AUTHORITY
Changes “bar groups” to “Florida Bar voluntary groups.”
Standing Board Policy 9.11 DEFINITIONS
Reorganizes subdivisions within the policy. Within new subdivision (a), changes terminology to “Mandatory Florida Bar Groups.” Within new subdivision (b), changes terminology to “Voluntary Florida Bar Groups.” Within new subdivision (c) adds “activity” to “political.” Adds definition of technical assistance.
Standing Board Policy 9.20 ACTION BY BOARD
Changes title to Legislative and Political Activities of The Florida Bar. In subdivision (f), deletes nonpartisan and adds reference to definition of technical assistance in standing board policy 9.11.
Standing Board Policy 9.50
Adds technical assistance to the title. Changes “bar groups” to “voluntary Florida Bar groups” throughout the policy. Adds new subdivision (a) providing authority to voluntary bar groups to give technical assistance and requiring notification to the bar’s legislative affairs office. Adds new subdivision (i)(3) that voluntary Florida Bar groups must notify officials that advocacy is only by that group and not The Florida Bar. Adds new subdivision (i)(4) that voluntary Florida Bar groups must conduct themselves professionally when taking opposing positions.
Standing Board Policy 9.51
Changes “bar groups” to “voluntary Florida Bar groups” throughout the policy. Within subdivision (d), deletes “significant’ and adds “that affect the judicial branch and bar” to describe legislative and political developments.
Board of Legal Specialization and Education Policies
BLSE Policy 2.13 Grading, Review, and Petition Process
Adds that only a failed exam scoring 67% or above will be regraded.