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 October 2 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
RULE 1-7.3 MEMBERSHIP FEES
In subdivisions (c) and (e), changes postmark to receipt.
BYLAW 2-3.5 NOMINATION OF MEMBERS
Within subdivision (c), amends the terms from up to 2 to up to 4 years for public members.
RULE 3-3.4 GRIEVANCE COMMITTEES
Within subdivision (c), adds that grievance committee members will be automatically removed if they elect inactive status or retire under these rules or if probable cause in disciplinary proceedings is found or discipline imposed.
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
Within subdivision (f), changes "as defined in rule 3-5.1(e)" to "from the practice of law."
RULE 3-7.7 PROCEDURES BEFORE SUPREME COURT OF FLORIDA
Within subdivision (c)(4), changes filing of request for oral argument with the first brief to must comply with the Florida Rules of Appellate Procedure. Within subdivision (f), changes the current provision from notices of intent to seek review to these proceedings regarding application of the Florida Rules of Appellate Procedure.
RULE 4-1.6 CONFIDENTIALITY OF INFORMATION
Within subdivision (c)(5) adds "or as permitted by." Amends subdivision (d) to state on service of a subpoena the lawyer may disclose information permitted by the rule or wait for a ruling from the tribunal on an objection. Within subdivision (d), adds that the lawyer may comply with the order. Within subdivision (d) adds "but is not required to" and "available" before exhaust all appellate remedies.
Rule 6-3.6
Within subdivision (e), adds that law clerks, staff attorneys, general counsels, and others who are not part of the judiciary do not meet the judicial service definition for practice of law for recertification. Within subdivision (f), adds that continuing legal education is not waivable under this subdivision for recertification purposes. Adds new subdivision (h) on waiver of recertification requirements for members of the judiciary.
RULE 10-2.2. FORM COMPLETION BY A NONLAWYER
Changes reference from rule 10-2.1(a) to "this rule."
Rule 20-4.1 GENERALLY
In subdivision (f), deletes "postmarked" and adds "received."
Standing Board Policy 11.50 Exhibits and Sponsorships
Within subdivision (c), deletes specific examples of materials that will not be accepted which will instead be set forth in a separate internal policy.
Standing Board Policy 13.10 Communications Policy
Within subdivision (f)(1)(C), deletes specific examples of advertisements in the Florida Bar News and Journal that will not be accepted which will instead be set forth in a separate internal policy.
Standing Board Policy 8.10 Amicus Curiae Filings
Adds "Filings" to the title of the 800 Series. Within subdivisions (a)(1) and (2), (b) title and (b)(1), adds "Florida" before Bar Group. Deletes subdivisions (a)(3) and (4). Within subdivision (b)(3) adds "and Brief" to the title, subdivides (3), and adds new subdivision (3)(B) that the brief must clearly state it is filed solely by the group unless directly otherwise by the appropriate person or entity. Within subdivision (4), adds review and action by the board of governors for mandatory Florida Bar groups.
Standing Board Policy 8.20 Responses and Comments in Rules Proceedings
Within subdivision (a), adds "Florida" before bar group. Within subdivision (a) adds board determination. Adds new subdivision (b)(3) that the document must state it is solely by the group unless directed otherwise by the appropriate person or entity. Adds new subdivision (b)(4) adding requirement of resubmission of any materials changes.
BLSE Policy 2.10 Peer Review
In subdivision (d), adds "or immediate family member" and lawyers employed by the bar.
Civil Procedure Rules IOPs
Amends the IOPs to remove the “reply all” requirement when commenting during an e-mail vote.
FIRST READING
CHAPTER 22. AUTHORIZED NON-PROFIT CANCER CLINICAL RESEARCH TRIAL PRACTITIONER
Adds a new Chapter 22 for authorized non-profit cancer clinical research trial practitioners.
RULE 4-8.2 JUDICIAL AND LEGAL OFFICIALS
Within subdivision (a) and the comment, removes references to elections for judicial or other legal office.
Standing Board Policy 3.13 Grants
Within subdivision (c)(1) replaces diversity with the final recipients corresponding with the objectives of the grant.
BLSE Policies 400 Series
Rewrites for style throughout. In Policy 4.02, deletes the explanation of specific time requirements for staggered terms of office. In Policy 4.04, adds that the notice of appeal can also be delivered by electronic mail or commercial service. In Policies 4.05 and 4.06, changes mail to electronic mail. In Policy 4.10, adds additional rule references.
BLSE Policy 2.04 Fees
Within subdivision (i), replaces BLSE with the bar's executive director.
BLSE Policy 2.12 Examination Preparation and Administration
In subdivision (b)(2), adds that exams will be administered on eastern time at the time staff recommends.
BLSE Policy 2.14 Applicant Review Process for Certification or Recertification
Adds new subdivision (a)(6) that states the BLSE Chair, at the request of the certification committee chair, may have an application reviewed by another certification committee, for good cause shown.
BLSE Policy 5.08 Credit Approval Guidelines
Adds CLE credit for attorney judges, presenters, and coaches of secondary, post-secondary, and law school trial and appeal demonstrations and moot court events.
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