Biennial Bar rules proposals.

 
FREE EXCERPT

The Board of Governors of The Florida Bar gives notice of filing with the Supreme Court of Florida, on or about October 1, a petition 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 constitute the Bar's annual filing of virtually all rules changes approved by the board since July 2012 but held for this biennial submission. The amendments may be filed as a single petition or multiple petitions. A copy of the proposed amendments 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 after the filing of the Bar's petition. Comments should 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.

RULES REGULATING THE FLORIDA BAR

CHAPTER 1 GENERAL

SUBCHAPTER 1-3

RULE 1-3.3 OFFICIAL BAR NAME AND CONTACT INFORMATION

(a) Designation. Each member of The Florida Bar [begin strikethrough]shall[end strikethrough] must designate an official bar name, mailing address, business telephone number, and business e-mail address, [begin strikethrough]if the member has one[end strikethrough]. If the physical location or street address is not the principal place of employment, the member must also provide an address for the principal place of employment. The Florida Bar may excuse a bar member from the requirement of providing an e-mail address if the bar member has been excused by the court from e-service or the bar member demonstrates that the bar member has no e-mail account and lacks Internet service at the bar member's office.

(b) Changes. Each member [begin strikethrough]shall[end strikethrough]must promptly notify the executive director of any changes in any information required by this rule. The official bar name of each member of The Florida Bar [begin strikethrough]shall[end strikethrough]must be used in the course of the member's practice of law. Members may change their official bar name by sending a request to the Supreme

Court of Florida. The court must approve all official bar name changes.

* * *

RULE 1-3.7 REINSTATEMENT TO MEMBERSHIP

(a) Eligibility for Reinstatement, [no change]

(b) Petitions Required. A member seeking reinstatement must file a petition with the executive director setting forth the reason for inactive status, retirement, or delinquency and showing good cause why the petition for reinstatement should be granted. The petitioner must be include all required information on a form approved by the board of governors [begin strikethrough]and the petitioner will furnish such information on such form as the board of governors may require[end strikethrough]. The petition must be accompanied by a nonrefundable reinstatement fee of $150 and payment of all arrearages unless adjusted by the executive director with concurrence of the executive committee for good cause shown. Inactive members are not required to pay the reinstatement fee. No member will be reinstated if. from the petition or from investigation conducted, the petitioner is not of good moral character and morally fit to practice law or if the member is delinquent with the continuing legal education or basic skills course requirements.

If the executive director is in doubt as to approval of a petition the executive director may refer the petition to the board of governors for its action. Action of the executive director or board of governors denying a petition for reinstatement may be reviewed upon petition to the Supreme Court of Florida.

(c) Members Who Have Retired or Been Delinquent for Less Than 5 Years, But More Than 3 Years. Members who have retired or been delinquent for less than 5 years, but more than 3 years, must-have completed 10 hours of continuing legal education courses for each year or portion of a year that the member had retired or was deemed delinquent.

(d) Members Who Have Retired or Been Delinquent for 5 Years or More. Members who have retired or have been deemed delinquent for a period of 5 years or longer will not be reinstated under this rule and must be readmitted upon application to [begin strikethrough]and approval by the[end strikethrough] Florida Board of Bar Examiners and approval by the Supreme Court of Florida.

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

(f) Members Delinquent 60 Days or Less. Reinstatement from [begin strikethrough]membership fees[end strikethrough] delinquency for payment of membership fees or completion of continuing legal education or basic skills course requirements [begin strikethrough]accomplished[end strikethrough] approved within 60 days from the date of delinquency [begin strikethrough]relates back to the date[end strikethrough] is effective on the last business day before the delinquency. Any member reinstated within the 60-day period is not subject to disciplinary sanction for practicing law in Florida during that time.

(g) Inactive Members, [no change]

* * *

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. Reinstatement from membership fees delinquency for payment of membership fees or completion of continuing legal education or basic skills course requirements [begin strikethrough]accomplished[end strikethrough] approved within 60 days from the date of delinquency [begin strikethrough]relate back to the date[end strikethrough] is effective on the last business day before the delinquency. Any member reinstated within the 60-day period is not subject to disciplinary sanction for practicing law in Florida during that time.

(g) Inactive Members, [no change]

* * *

1-4. BOARD OF GOVERNORS RULE 1-4.3 COMMITTEES

The board of governors [begin strikethrough]shall[end strikethrough] will create an executive committee composed of the president, president-elect, chairs of the budget, communications, disciplinary review, program evaluation and legislation committees, president of the young lawyers division, 2 members of the board appointed by the president, and 3 members of the board elected by the board to act [begin strikethrough]up[end strikethrough]on [begin strikethrough]such[end strikethrough] matters [begin strikethrough]as[end strikethrough] that arise and require disposition between meetings of the board; a budget committee composed of 9 members with 3-year staggered terms; grievance committees as provided for in chapter 3; unlicensed practice of law committees as provided for in chapter 10; and a professional ethics committee.

* * *

1-13. TIME RULE 1-13.1 TIME

(a) Computation. In computing any period of time prescribed or allowed by the Rules Regulating The Florida Bar, the day of the act, event, or default from which the designated period of time begins to run [begin strikethrough]shall[end strikethrough] will not be included. The last day of the period so computed [begin strikethrough]shall[end strikethrough] will be included unless it is a Saturday, Sunday, or legal holiday, in which event the period [begin strikethrough]shall[end strikethrough]will run until the end of the next day that is not a Saturday, Sunday, or legal holiday.

(b) Additional Time After Service by Mail or E-mail. When a person has the right or is required to do some act or take some proceeding within a prescribed period after service of a notice or other paper and the notice or paper is served by mail or e-mail. 5 days shaHwill be added to the prescribed period.

* * *

CHAPTER 2 BYLAWS OF THE FLORIDA BAR

* * *

2.7 SECTIONS AND DIVISIONS

* * *

BYLAW 2-7.3 CREATION OF SECTIONS AND DIVISIONS

Sections and divisions may be created or abolished by the board of governors as deemed necessary or desirable. The bar will maintain current lists of its standing committees and divisions and will post the lists on its website.

[begin strikethrough](a) Sections[end strikethrough]. The following sections of The Florida Bar have been created by the board of governors: [begin strikethrough](1) Administrative Law Section;[end strikethrough]

[begin strikethrough](2) Alternative Dispute Resolution Section[end strikethrough]

[begin strikethrough](3) Appellate Practice Section;[end strikethrough]

[begin strikethrough](4) Business Law Section;[end strikethrough]

[begin strikethrough](5) City. County and Local Government Law Section;[end strikethrough]

[begin strikethrough](6) Criminal Law Section;[end strikethrough]

[begin strikethrough](7) Elder Law Section;[end strikethrough]

[begin strikethrough](8) Entertainment. Arts, and Sports Law Section;[end strikethrough]

[begin strikethrough](9) Environmental and Land Use Law Section;[end strikethrough]

[begin strikethrough](10) Equal Opportunities Law Section;[end strikethrough]

[begin strikethrough](11) Family Law Section;[end strikethrough]

[begin strikethrough](12) General Practice. Solo and Small Firm Section;[end strikethrough]

[begin strikethrough](13) Government Lawyer Section;[end strikethrough]

[begin strikethrough](14) Health Law Section;[end strikethrough]

[begin strikethrough](15) International Law Section;[end strikethrough]

[begin strikethrough](16) Labor and Employment Law Section;[end strikethrough]

[begin strikethrough](17) Public Interest Law Section;[end strikethrough]

[begin strikethrough](18) Real Property. Probate, and Trust Law Section;[end strikethrough]

[begin strikethrough](19) Tax Section;[end strikethrough]

...

To continue reading

FREE SIGN UP