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 May 16, 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 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 2-3.5 NOMINATION OF MEMBERS
Summary: Within subdivision (a), removes the list of specific board circuit seats and their election years and adds that the bar will maintain and publish on its website a list current board seats and their election years.
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 disorder.
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 20 Florida Registered Paralegal Program
RULE 20-6.1 GENERALLY
Summary: Adds language to allow for Florida Registered Paralegals to receive lecture credit for approved seminars for up to 3 credit hours for each 50 minutes of lecture at basic seminars or up to 5 credit hours for each 50 minutes of lecture time at intermediate seminars. Adds subsection on extensions to identify the situations under which extensions may be requested, providing the reason, and that extensions will not be considered from individuals. Allows for the Executive Director or Board of Governors to grant an extension of continuing education reporting cycles in times of national disasters or as they deem necessary and clarifies extensions will not be considered from individual members.
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.
Board of Legal Specialization and Education Policies
BLSE Policy 5.08 Credit Approval Guidelines
Summary: Within subdivision (f)(1), adds requirements for applications for credit for international law or laws of foreign jurisdiction and prohibits awarding CLE credit for CLE where the program is attended in a country listed on the U.S. Department of State Sponsors of Terrorism list. Within subdivision (f)(2), adds requirements for application for credit for international legal tours and prohibits awarding CLE credit where the tour is in a country listed on the U.S. Department of State Sponsors of Terrorism list.
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 2.1 Scope
Summary: Replaces “alcoholism” with “substance use disorder.”
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.
FIRST READING
Chapter 2 Bylaws of The Florida Bar
BYLAW 2-2.3 LIST OF MEMBERS
Summary: Deletes requirement of furnishing list to judges and replaces with a requirement that the bar publish membership status on its website.
BYLAW 2-8.1 ESTABLISHMENT AND APPOINTMENT OF COMMITTEES
Summary: Adds that the bar’s president must remove a committee member who misses more than half of the committee meetings in a single year without good cause.
Chapter 3 Rules of Discipline
RULE 3-7.11 GENERAL RULE OF PROCEDURE
Summary: Adds new subdivision (j) prohibiting current board of governors members, grievance committee members and Florida Bar employees from testifying as a character witness for a respondent in a bar disciplinary case and re-letters subsequent subdivision.
RULE 3-7.4 GRIEVANCE COMMITTEE PROCEDURES
Summary: Within subdivision (g)(3), changes vote for grievance committees to members present and voting.
RULE 3-7.6 PROCEDURES BEFORE A REFEREE
Summary: Within subdivision (a)(2), deletes that a referee who has previously served is eligible for appointment without certifying review of the training materials. Within subdivision (m)(3), deletes filing of the record and bar counsel making the file available to parties on request. Within subdivision (n)(3) changes prepare and file the record to prepare and file an index and certification of the record.
Chapter 6 Legal Specialization and Education Programs
RULE 6-10.5 DELINQUENCY AND APPEAL
Summary: In subdivision (b), adds “except a member deemed delinquent under rule 1-3.7(d).”
Standing Board Policies
SBP 6.31 Distribution of Proceeds
Summary: Within subdivisions (c) and (d), remove YLD ‘s unique proceeds distribution resulting in the proceeds for their CLE courses being handled in the same manner as other TFB programs.
Board of Legal Specialization and Education Policies
BLSE Policy 2.08 Application Processing
Summary: Within subdivision (b), changes automatic termination of certification status from completion of appeal procedures to service of Board of Governors decision affirming the BLSE and Appeals Committee.
BLSE Policy 5.10
Summary: In subdivision (h), adds “or United States president, vice president, or a member of the federal cabinet.”
BLSE Policy 5.11 Accreditation Re-evaluation
Summary: Deletes the example.
Fee Arbitration Procedural Rules
Fee Arbitration Procedural Rule IV. Hearings
Summary: Within subdivision (a), adds 10-day time period for coordination of the arbitration and requires parties to notify anticipated time and witnesses for the arbitration. Adds new subdivision (b) setting forth procedure for voluntary mediation, except for cases in which the Florida Supreme Court has ordered fee arbitration.
Fee Arbitration Procedural Rule II. Selection of Arbitrators
Summary: Within subdivision (f), changes the time period from 45 to 60 days and changes extension from the chair of the standing committee to sole arbitrator or majority of the arbitration panel.
