Annual Florida Bar rules proposals.

 
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The Board of Governors of The Florida Bar gives notice of filing with the Supreme Court of Florida, on or about October 15, 2016, one or more petitions to amend the Rules Regulating The Florida Bar. The full text of the proposed amendments is printed below. Some are substantive revisions; others are merely editorial refinements. These items will constitute the Bar's annual filing of virtually all rules changes approved by the board since July 2014. The Bar will file at least two separate petitions simultaneously: Housekeeping and Biennial. A copy of the submissions may be requested by contacting the Rules Administrative Coordinator, The Florida Bar, 651 East Jefferson St., Tallahassee 32399-2300 or calling (850) 561-5600, ext. 5751. Members who desire to comment on these proposed amendments may do so within 30 days of the filing of the Bar's petition(s). Comments must be filed directly with the clerk of the Supreme Court of Florida, and a copy must be served on the executive director of The Florida Bar. Rule 1-12.1, Rules Regulating The Florida Bar, governs these proceedings.

HOUSEKEEPING PETITION:

CHAPTER 1 GENERAL

SUBCHAPTER 1-3 MEMBERSHIP

RULE 1-3.7 REINSTATEMENT TO MEMBERSHIP

(a) Eligibility for Reinstatement. [no change]

(b) Petitions Required. [no change]

(c) Members Who Have Retired or Been Delinquent for Less Than 5 Years, But More Than 3 Years. [no change]

(d) Members Who Have Retired or Been Delinquent for 5 Years or More. [no change]

(e) Members Who Have Permanently Retired. [no change]

(f) Members Delinquent 60 Days or Less. [no change]

(g) Inactive Members. Inactive members may be reinstated to active membership in good standing to become eligible to practice law in Florida by petition filed with the executive director, in the form and as provided in (b) above, except:

(1) If the member has been inactive for greater than 5 years, has been authorized to practice law in another jurisdiction, and either actively practiced law in that jurisdiction or held a position that requires a license as a lawyer for the entire period of time, the member will be required to complete the Florida Law Update continuing legal education course as part of continuing legal education requirements.

(2) If the member has been inactive for greater than 5 years and does not meet the requirements of subdivision (1), the member will be required to complete the basic skills course requirement and the 30-hour continuing legal education requirement.

(3) An inactive member is not eligible for reinstatement until all applicable continuing legal education requirements have been completed and the remaining portion of membership fees for members in good standing for the current fiscal year have been paid.

CHAPTER 2 BYLAWS OF THE FLORIDA BAR

SUBCHAPTER 2-3 BOARD OF GOVERNORS

BYLAW 2-3.10 MEETINGS

The board of governors [begin strikethrough]shall[end strikethrough]will hold 6 regular meetings each year, at least 1 of which [begin strikethrough]shall[end strikethrough]will be held [begin strikethrough]at The Florida Bar Center[end strikethrough]in Tallahassee. [begin strikethrough]Subject to the approval of the board of governors, the places and times of such meetings shall be determined by the[end strikethrough]The president -elect selects the places and times of the meetings to be held during the president-elect's term as president[begin strikethrough][begin strikethrough], who may make such designation while president-elect[end strikethrough][end strikethrough], subject to the approval of the board of governors. Special meetings [begin strikethrough]shall[end strikethrough]will be held at the direction of the executive committee or the board of governors. Any member of The Florida Bar in good standing may attend meetings at any time except [begin strikethrough]during such times as the[end strikethrough]when the board [begin strikethrough]shall be[end strikethrough]is in executive session concerning disciplinary matters, personnel matters, member objections to legislative positions of The Florida Bar, or receiving attorney-client advice. Minutes of all meetings [begin strikethrough]shall[end strikethrough]will be kept by the executive director.

SUBCHAPTER 2-9 POLICIES AND RULES

BYLAW 2-9.8 [begin strikethrough]LAW OFFICE MANAGEMENT ASSISTANCE SERVICE[end strikethrough]PRACTICE RESOURCE INSTITUTE

The board of governors [begin strikethrough]hereby[end strikethrough]creates the [begin strikethrough]law office management assistance service[end strikethrough]Practice Resource Institute and [begin strikethrough]shall[end strikethrough]will adopt standing board policies, as provided in bylaw 2-9.2, that [begin strikethrough]shall[end strikethrough]govern the operation of the [begin strikethrough]service[end strikethrough]institute.

CHAPTER 3 RULES OF DISCIPLINE

SUBCHAPTER 3-3 JURISDICTION TO ENFORCE RULES

RULE 3-3.1 SUPREME COURT OF FLORIDA; DISCIPLINARY AGENCIES

The exclusive jurisdiction of the Supreme Court of Florida over the discipline of persons admitted to the practice of law [begin strikethrough]shall[end strikethrough]will be administered in the following manner subject to the supervision and review of the court. The following entities are [begin strikethrough]hereby[end strikethrough]designated as agencies of the Supreme Court of Florida for this purpose and with the following responsibilities, jurisdiction, and powers. The board of governors, grievance committees, and referees shall have [begin strikethrough]such[end strikethrough]the jurisdiction and powers [begin strikethrough]as are[end strikethrough]necessary to conduct the proper and speedy disposition of any investigation or cause, including the power to compel the attendance of witnesses, to take or cause to be taken the deposition of witnesses, and to order the production of books, records, or other documentary evidence. Each member of [begin strikethrough]such[end strikethrough]these agencies has the power to administer oaths and affirmations to witnesses in any matter within the jurisdiction of the agency.

RULE 3-3.2 BOARD OF GOVERNORS OF THE FLORIDA BAR

(a) Responsibility of Board. The board is assigned the responsibility of maintaining high ethical standards among the members of The Florida Bar. The board [begin strikethrough]shall[end strikethrough]will supervise and conduct disciplinary proceedings in accordance with the provisions of these rules.

(b) Authority to File a Formal Complaint. No formal complaint [begin strikethrough]shall[end strikethrough]may be filed by The Florida Bar in disciplinary proceedings against a member of the bar unless 1 of the following conditions has been met:

(1) Finding of Probable Cause. A formal complaint may be filed if there has been a finding under these rules that probable cause exists to believe that the respondent is guilty of misconduct justifying disciplinary action;

(2) Emergency Suspension or Probation. A formal complaint may be filed if the member is the subject of an order of emergency suspension or emergency probation that is based on the same misconduct that is the subject matter of the formal complaint;

(3) Felony Determination or Adjudication. A formal complaint may be filed if the respondent has been determined or adjudged to be guilty of the commission of a felony;

(4) Discipline In Another Jurisdiction. A formal complaint may be filed if the respondent has been disciplined by another entity having jurisdiction over the practice of law;

(5) Felony Charges. A formal complaint may be filed if a member has been charged with commission of a felony under applicable law that warrants the imposition of discipline and if the chair of the grievance committee agrees. A decision of the grievance committee chair to not file a formal complaint [begin strikethrough]shall[end strikethrough]must be reviewed by the full grievance committee. The grievance committee may affirm or reverse the decision.

(6) Discipline on Action of the Florida Judicial Qualifications Commission. A formal complaint may be filed if the Supreme Court of Florida has adjudged the respondent guilty of judicial misconduct in an action brought by the Florida Judicial Qualifications Commission, the respondent is no longer a judicial officer, and the facts warrant imposing disciplinary sanctions.

(c) Executive Committee. [no change]

RULE 3-3.4 GRIEVANCE COMMITTEES

[begin strikethrough]There shall be such[end strikethrough]The board will appoint grievance committees as [begin strikethrough]are herein[end strikethrough]provided, in this rule. E[begin strikethrough]e[end strikethrough]ach [begin strikethrough]of which shall have[end strikethrough]grievance committee has the authority and jurisdiction required to perform the functions [begin strikethrough]hereinafter[end strikethrough]assigned to it, [begin strikethrough]and[end strikethrough]which [begin strikethrough]shall be constituted and appointed[end strikethrough]are as follows:

(a) Circuit Grievance Committees. [begin strikethrough]There shall be[end strikethrough]The board will appoint at least 1 grievance committee for each judicial circuit of this state and as many more as [begin strikethrough]shall be found desirable by[end strikethrough]the board chooses. [begin strikethrough]Such[end strikethrough]These committees [begin strikethrough]shall[end strikethrough]will be designated as judicial circuit grievance committees, and in circuits having more than 1 committee they [begin strikethrough]shall[end strikethrough]will be identified by alphabetical designation in the order of creation. [begin strikethrough]Such[end strikethrough]These committees [begin strikethrough]shall[end strikethrough]will be continuing bodies notwithstanding changes in membership, and they [begin strikethrough]shall[end strikethrough]will have jurisdiction and the power to proceed in all matters properly before them.

(b) Special Grievance Committees. The board may [begin strikethrough]from time to time[end...

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