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 January 17, 2025, 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
Chapter 1 General
RULE 1-3.7 REINSTATEMENT TO MEMBERSHIP
Within subdivision (d), adds that membership lapses for members who have been delinquent for 5 years or longer.
Chapter 2 Bylaws of The Florida Bar
BYLAW 2-3.11 ELECTRONIC MEETINGS
Adds that email voting is allowed for all bar committees.
Chapter 3 Rules of Discipline
RULE 3-7.4 GRIEVANCE COMMITTEE PROCEDURES
Within subdivision (g)(3), changes vote for grievance committees to all decisions, not probable cause findings.
Chapter 4 Rules of Professional Conduct
RULE 4-8.6 AUTHORIZED BUSINESS ENTITIES
In subdivision (a), adds ” or not-for-profit authorized business entities as defined elsewhere in these rules.” Reorganizes subdivision (c) and adds shareholder, member, and equity owner as prohibited titles for nonlawyers in a law firm. Adds that “a nonlawyer may not direct or supervise the work of lawyers, make decisions regarding a lawyer’s compensation, or perform any policy-making function that would impact the practice of law or the lawyer’s independent professional judgment in an authorized business entity.”
Chapter 6 Legal Specialization and Education Programs
RULE 6-12.4 DEFERMENT AND EXEMPTION
In subdivision (c)(1) and (2), adds “if the member has completed the Practicing with Professionalism course sponsored by the Young Lawyers Division as required by rule 6-12.3(a)(1).”
Standing Board Policies
Standing Board Policy 1.20 Board Meetings
Within subdivision (d), creates procedures for executive session. Creates new subdivision (g) addressing minutes of board of governors meetings. Within subdivision (e), clarifies that representatives may also attend board committee meetings and that they are not voting members of the board or its committees.
Standing Board Policy 5.53 Section Budget Policies
Adds new subdivision (k) setting forth specific requirements for section charitable activities, including the purpose, which entities qualify for a gift, and budget and disbursement requirements.
Board of Legal Specialization and Education Policies
BLSE Policy 2.09 Professional Ethics and Competence
In subdivision (a)(1), adds discipline “issued by a state judge, federal judge, an arbitrator, The Florida Bar, or another state bar association.” In subdivision (a)(2), adds complaints “initiated or pending with The Florida Bar or another state bar association, which resulted in a sworn complaint filed against the applicant by bar counsel.” In subdivision (a)(3), adds arbitrator. In subdivision (a)(4), Adds breach of fiduciary duty. In subdivision (a)(5), adds please of guilty or no contest and adds exclusion of civil traffic infractions.
Court Rules Committee Internal Operating Procedures
Civil Procedure Rules Committee Internal Operating Procedures
Amended to reflect committee’s current procedure and to align the IOPs with the bar rules.
