Proposed board action

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 19, 2024 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

RULES REGULATING THE FLORIDA BAR

RULE 1-3.3 OFFICIAL BAR NAME AND CONTACT INFORMATION

Summary: Within subdivision (a),  removes the email exemption for bar members who demonstrate they have no email account and lack internet service at their business address.

RULE 1-3.6 DELINQUENT MEMBERS

Summary: Reorganizes rule into types of delinquency and effects of delinquency.  Under types of delinquency, adds nonpayment of membership fees.

RULE 6-3.5 STANDARDS FOR CERTIFICATION

Summary: Adds new subdivision (f) defining good cause for waiver of any portion of the applicable certification standards.

RULE 6-3.6 RECERTIFICATION

Summary: Adds new subdivision (d) defining good cause for waiver of any portion of the applicable recertification standards. Adds new subdivision (e) that provides for a waiver of specified recertification standards for persons serving as judicial officers.  Adds new subdivision (f) that provides for a waiver of specified recertification standards for persons who have been continuously certified for 14 years.  Adds new subdivision (g) that provides for a waiver of specified recertification standards for persons who do not meet the standards for health reasons.

RULE 11-1.2 ACTIVITIES

Summary: Within subdivision (b), adds that the client’s consent to be represented by a certified legal intern may be orally on the record.  Adds new subdivision defining the personal appearance of the supervising lawyer in virtual proceedings.

RULE 11-1.3  REQUIREMENTS AND LIMITATIONS

Summary: Reorganizes the rule into subdivisions with appropriate subheaders.  Within new subdivision (a) changes register to file an application with the Florida Board of Bar Examiners and deletes provisions relating to application fees.  Within new subdivision (b), changes application to and letter of clearance from the Florida Board of Bar Examiners either a criminal fingerprint check or a letter of clearance from the Florida Board of Bar Examiners.  Within new subdivision (d), lowers the number of completed credits from 4 to 2 semesters and 6 to 3 quarters or their equivalents with a commensurate reduction in the number of credit hours.

Standing Board Policy 1.30 Meetings of Executive Committee

Summary: No substantive changes are made.  The policy is reorganized.

Standing Board Policy 1.41 Delegates to American Bar Association House of Delegates

Summary: Within subdivision (a), replaces ABA delegate under 35 with age-specified delegate.

Standing Board Policy 3.12 Finances

Summary: Within subdivision (b), changes the term “purchasing process” in the title and within the subdivision; deletes the provision that the executive director may approve exceptions; and adds that all purchases must comply with the bar’s approved budget and purchasing policies.

Standing Board Policy 6.30 FEES FOR CLE COURSES

Summary: Changes CLE committee to board of governors for establishing minimum fees for attendance at CLE committee jointly sponsored CLE courses.