Intent to amend Bar Rule 3-5.2.

The Board of Governors of The Florida Bar hereby gives notice of filing with the Supreme Court of Florida, on or about September 15, a petition to amend the Rules Regulating The Florida Bar. The full text of the proposed amendments is printed below. A copy of this submission may be requested by contacting Elizabeth Clark Tarbert, by email to: eto@flabar.org, by regular U.S. mail to: The Florida Bar, 651 East Jefferson St., Tallahassee 32399-2300 or by calling (850) 561-5780. Members who desire to comment on these proposed amendments may do so within 30 days of 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 3 RULES OF DISCIPLINE SUBCHAPTER 3-5 TYPES OF DISCIPLINE RULE 3-5.2 EMERGENCY SUSPENSION AND INTERIM PROBATION OR INTERIM PLACEMENT ON THE INACTIVE LIST FOR INCAPACITY NOT RELATED TO MISCONDUCT

(a) Petition for Emergency Suspension.

(1) Great Public Harm. On petition of The Florida Bar, authorized by its president, president-elect, or executive director, supported by 1 or more affidavits demonstrating facts personally known to the affiants that, if unrebutted, would establish clearly and convincingly that [begin strikethrough]an attorney[end strikethrough] a lawyer appears to be causing great public harm, the Supreme Court of Florida may issue an order suspending the [begin strikethrough]said attorney[end strikethrough] lawyer on an emergency basis.

(2) Discipline by Foreign Jurisdiction. On petition of The Florida Bar, authorized by its president, president-elect, or executive director, supported by a certified copy of an order of a foreign disciplinary jurisdiction suspending or disbarring [begin strikethrough]an attorney[end strikethrough] a lawyer from the practice of law, the Supreme Court of Florida may issue an order suspending the [begin strikethrough]attorney[end strikethrough] lawyer on an emergency basis. See subdivision (l) of rule 3-7.2.

A petition for emergency suspension [begin strikethrough]shall[end strikethrough] will also constitute a formal complaint. The respondent [begin strikethrough]shall[end strikethrough] will have 20 days after docketing by the Supreme Court of Florida of its order granting the bar's petition for emergency suspension in which to file an answer and any affirmative defenses to the bar's petition.

(b) Petition for Interim Probation or Interim Placement on the Inactive List for Incapacity Not Related to Misconduct. [begin strikethrough]On petition of The Florida Bar, authorized by its president, president-elect, or executive director, supported by 1 or more affidavits demonstrating facts personally known to the affiants that, if unrebutted, would establish clearly and convincingly that conditions or restrictions on a lawyer's privilege to practice law in Florida are necessary for protection of the public, the Supreme Court of Florida may issue an order placing said lawyer on interim probation, the conditions of which shall be as provided in rule 3-5.1(c))...