Proposed board actions
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 30, 2022, 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 [email protected] or call the Rules Administrative Coordinator at 850-561-5780. Reference any requested proposal by its title and date of this publication.
FINAL ACTION
RULES REGULATING THE FLORIDA BAR
Chapter 1 General
RULE 1-3.3 OFFICIAL BAR NAME AND CONTACT INFORMATION
Summary: Title is changed from “contact” to “other required” information. A new subdivision is added requiring Florida Bar members to report to the bar other jurisdictions in which the Florida Bar members are admitted to practice law. Subsequent subdivision is relettered.
Chapter 3 Rules of Discipline
RULE 3-7.4 GRIEVANCE COMMITTEE PROCEDURES
Summary: Within subdivision (l), removes references to the Board of Governors, removes approval of the formal complaint by the presiding member of the committee, and removes board proscription of the form of the complaint.
RULE 3-7.5 PROCEDURES BEFORE THE BOARD OF GOVERNORS
Summary: Within subdivision (a), omits the requirement that a designated reviewer’s request for grievance committee reconsideration be in writing. Adds new subdivision (f) stating that bar counsel must promptly prepare a complaint on a board of governors finding of probable cause, that staff counsel must review and file the complaint, and that the bar must provide a copy of the complaint to the respondent.
RULE 3-7.10 REINSTATEMENT AND READMISSION PROCEDURES
Summary: Within subdivision (n), deletes sentence regarding payment of restitution and disciplinary costs before readmission.
RULE 3-7.12. DISCIPLINARY REVOCATION OF ADMISSION TO THE FLORIDA BAR
Summary: Within proposed subdivision (c), Judgment, adds freezing of the petitioner’s trust account and restitution where the amount and recipient are identifiable.
Standing Board Policies
Standing Board Policy 15.75 Review of Closed Inquiries and Disciplinary Cases
Summary: Within subdivision (h), clarifies confusing provisions about the time period during which the designated reviewer may review grievance committee action in a matter, adding that a request from respondent or respondent’s counsel for review of grievance committee action must be made within 30 days of the notice of the action to the respondent or respondent’s counsel.
Board of Legal Specialization and Education Policies
BLSE Policy 1.02 Administrative Procedure
Summary: Amends BLSE Policy 1.02(e) to allow BLSE members to review and approve BLSE Executive Committee minutes prior to next regular meeting to make actions taken by the executive committee final.
BLSE Policy 2.14 Applicant Review Process for Certification or Recertification
Summary: In subdivision (m), adds clearer definition of ex parte communications.
BLSE Policy 5.08 Credit Approval Guidelines
Summary: Clarifies that presenters receive 3 credits per 50 minutes and attendees receive 1 credit per each 50 minutes.
BLSE Policy 5.09 CLER Components Approval Guidelines
Summary: Changes participant to attendee to clarify language.
BLSE Policy 5.12 APPEARANCE BEFORE THE BLSE
Summary: Adds new policy 5.12 for procedures before the BLSE. Renumbers existing policy 5.12 to 5.13.
BLSE Policy 6.07 Ex Parte Communications
Summary: Adds new policy 6.07 defining prohibition for ex parte communications.
BLSE Policy 7.06 Procedures on Noncompliance and Appeal
Summary: Adds new subdivision (d) to define prohibition for ex parte communications.
First Reading
RULES REGULATING THE FLORIDA BAR
Chapter 1 General
RULE 1-3.7 REINSTATEMENT TO MEMBERSHIP
Summary: In (b), adds “except that the executive director may waive or extend the time period to complete continuing legal education or basic skills course requirements on a showing of undue hardship.”
Chapter 2 Bylaws of The Florida Bar
BYLAW 2-3.6 ELECTION
Summary: Bylaw is divided into subdivisions with titles. Amendments account for electronic voting. Election period is shortened to 2 weeks as an interim measure. As a permanent measure when the bar’s process permits, bylaw is amended to election is by electronic ballot only and the election period is shortened to 10 days.
Chapter 3 Rules of Discipline
RULE 3-7.2 PROCEDURES ON CRIMINAL OR PROFESSIONAL MISCONDUCT; DISCIPLINE ON DETERMINATION OR JUDGMENT OF GUILT OF CRIMINAL MISCONDUCT; DISCIPLINE ON REMOVAL FROM JUDICIAL OFFICE
Summary: Within subdivision (c) adds a time period within which the state attorney must provide documents to the bar’s executive director. Adds new subdivision (i), that the bar may use expunged or sealed records in a disciplinary case. Subsequent subdivisions are relettered.
Chapter 7 Clients’ Security Fund
RULE 7-1.4 DEFINITIONS
Summary: Within subdivision (a), simplifies definition of claimant. Within subdivision (f), adds “actual” before “loss.” Within the comment, adds a lawyer acting as a financial advisor or was involved in a business transaction outside of the lawyer-client relationship as examples of nonreimbursable losses.
RULE 7-2.3 PAYMENTS
Summary: Divides subdivision (b)(3) into subdivisions. Within the commentary, adds an example of a maximum claim in a personal injury or wrongful death case where no written fee contract is available.
RULE 7-2.4 PREREQUISITES TO PAYMENT
Summary: Within subdivision (c), changes the limitation on the time to bring a claim to within 3 years of the date of the discipline order or the lawyer’s death.
Standing Board Policies
Standing Board Policy 15.56 CASE PROCESSING GOALS
Summary: Creates new subdivision (a) to address the time period for initial review of sworn complaints. Within new subdivision (d), changes grievance committee finding of probable cause to notice of a finding of probable cause.
Standing Board Policy 15.76 Review of Grievance Committee Action by Designated Reviewers
Summary: Adds new subdivision (a), codifying current procedure for notification to and review by designated reviewer of all grievance committee action but changing the review period from 30 to 20 days. Subsequent subdivisions are relettered.
