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 March 28, 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 3 Rules of Discipline
Rule 3-3.2 Board of Governors of The Florida Bar
Summary: Within subdivision (b), adds “or as elsewhere provided in these rules.” Within subdivision (b), adds “interim” before “probation” in the title and replaces “emergency” with “interim” before probation.
Rule 3-5.1 Generally
Summary: Reorganizes rule; in subdivision (a)(1)(A)(iii) removes “is likely to result in” before actual or potential injury to the public or the legal system. Removes existing subdivision (c)(4) regarding courses of study or papers. Adds new subdivision that sets forth requirements when a lawyer is disbarred, suspended, incapacitated, or otherwise ineligible to practice law, including ceasing the practice of law, ceasing holding out as able to practice law, ceasing trust account deposits and disbursements, and other ordinarily imposed requirements. In the subdivision on disbarment as a sanction, removes until all restitution and disciplinary costs are paid as duplicative of the Rules of the Supreme Court Relating to Admissions to the Bar.
Chapter 4 Rules of Professional Conduct
Rule 4-1.6 Confidentiality
Summary: Within subdivision (c), adds new subdivision (8) permitting a lawyer to disclose confidential information to protect a minor client from a substantial risk of danger or harm.
Rule 4-8.6 Authorized Business Entities
Summary: In subdivision (a), adds ” or not-for-profit authorized business entities as defined elsewhere in these rules.” Within subdivision (c) adds “or as authorized by rule 4-5.4(f).”
Chapter 6 Legal Specialization and Education Programs
Rule 6-25.2 Definitions
Summary: Within subdivision 6-25.2 (a), adds language to include legislative staff and lobbyists who can qualify for certification. Within subdivision (c), adds language to include language that the definition of “lead advocate.” Within subdivision (d), removes the federal government entity.
Rule 6-25.3 Minimum Standards
Summary: Within subdivision 6-25.3 (b) adds language to clarify and reflect a move away from a point-based system for applicants to demonstrate substantial involvement and to bring the SFGAP certification criteria for substantial involvement in line with the Bar’s other certification programs. Within subdivision (c), adds language for consistency with other rules to prohibit the applicant’s relatives from providing peer review.
Rule 6-25.4 Recertification
Summary: Within subdivision 6-25.4 (a), adds language to include substantial involvement requirements consistent with the suggested changes to the initial certification in Rule 6-25.3. Within subdivision (b), decreases the CLE hours and gets rid of the point system. Within subdivision (c), adds language for consistency with other rules.
Rule 6-25.5 Manner of Listing Area of Certification
Summary: Within subdivision 6-25.5, adds language for consistency with other rules and style guide.
Standing Board Policies
Standing Board Policy 15.55 Deferral of Disciplinary Investigation During Civil, Criminal and Administrative Proceedings
Summary: Policy is reorganized. Within subdivisions (b) and (c), adds concurrence of staff counsel to defer disciplinary investigation during other proceedings. Within subdivisions (b), (c), (d) and (e), removes intake counsel and ACAP/Intake Director. 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 5.53 Section Budget Policies
Summary: 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 2.13 Grading, Review, and Petition Process
Summary: In subdivision (d), adds “first” before “examination review.” In subdivision (f)(7), adds that the BLSE will give notice of its decision by “both electronic mail with delivery receipt, and” certified mail “return receipt requested.” Rewrites subdivision (g) regarding ex parte communications.
BLSE Policy 2.14 Applicant Review Process for Certification or Recertification
Summary: In subdivisions (h)(5) and (j)(5), adds “electronic mail delivery receipt” and “return receipt.”
FIRST READING
Chapter 2 Bylaws of The Florida Bar
Bylaw 2-3.2 Powers
Summary: Within subdivision (d)(10), changes “chemical dependency” to “substance use disorder” and changes “psychological problems” to “mental health conditions.” Amends subdivision (d)(11) to remove “minority.”
Bylaw 2-9.11 Assistance to Members Suffering from Impairment Related to Chemical Dependency or Psychological Problems
Summary: Changes terminology from chemical dependency or psychological problems to substance use disorder or mental health disorder and adds “to improve their provision of legal services to clients.” Adds that funding must satisfy the restrictions applicable to Florida Bar mandatory and voluntary bar groups in the Standing Board Policies.
Chapter 3 Rules of Discipline
Rule 3-5.2 Emergency Suspension and Interim Probation
Summary: Within subdivision (e), changes the requirement that a respondent’s waiver of time periods be in writing to add or on the record at a hearing and removes “assigned to hear the matter.”
Rule 3-7.1 Confidentiality
Summary: Within subdivision (j), changes terminology to substance use disorder and mental health treatment.
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 (l), changes the requirement that a respondent’s waiver of time periods by in writing to add or on the record at a hearing.
Rule 3-7.10 Reinstatement and Readmission Procedures
Summary: Within subdivisions (f)(1)(K) and (g)(5), changes terminology to substance use disorder.
Chapter 4 Rules of Professional Conduct
Rule 4-7.20 Exemptions from the Filing and Review Requirement
Summary: Adds subdivision (i) to exempt sponsored search engine results that do not include images, audio, or video other than the presumptively valid content in Rule 4-7.16.
Chapter 6 Legal Specialization and Education Programs
Rule 6-10.3 Minimum Continuing Legal Education Standards
Summary: Within subdivision (b), changes terminology to substance use.
Chapter 11 Rules Governing the Law School Practice Program
Rule 11-1.8 Practice After Graduation
Summary: Amendments to subdivisions (a) and (b) change the requirement from initial clearance letter to successful criminal history check.
Chapter 21 Military Spouse Authorization to Engage in the Practice of Law in Florida
Standing Board Policies
Rule 21-3.1 Continuing Legal Education
Summary: Within subdivision (d), changes terminology to substance use disorder.
Standing Board Policy 5.20 Committee Structure, Membership and Terms
Summary: Creates new subdivision (c)(4) requiring the chair to remove a committee member who misses more than half of the committee meetings in a single year without good cause.
Board of Legal Specialization and Education Policies
BLSE Policy 5.09 CLER Components Approval Guidelines
Summary: Within subdivision (d), changes terminology from substance abuse to substance use disorder.
Florida Standards for Imposing Lawyer Sanctions
Florida Standards for Imposing Lawyer Sanctions 2.7 Probation
Summary: In the comment, changes “semi-annual” to periodic; adds “in addition to those required under rule 6-10.3 to continuing legal education; and changes alcohol or drug abuse to substance use disorder.
Florida Standards for Imposing Lawyer Sanctions 2.8 Other Sanctions and Remedies
Summary: Changes substance-related disorder to substance use disorder and changes personal and emotional problems to mental health and wellness.
Florida Standards for Imposing Lawyer Sanctions 3.3 Mitigation
Summary: Within subdivision (b)(8), changes terminology to substance use disorder.
Florida Standards for Imposing Lawyer Sanctions 2.1 Scope
Summary: Replaces “alcoholism” with “substance use disorder.”
