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Supreme Court of FloridaNo. SC18-1683IN RE: AMENDMENTS TO THE RULES REGULATING THE FLORIDABAR—BIENNIAL PETITION.January 4, 2019CORRECTED OPINIONPER CURIAM.This matter is before the Court on the petition of The Florida Bar (Bar)proposing amendments to the Rules Regulating the Florida Bar (Bar Rules). Wehave jurisdiction. See art. V, § 15, Fla. Const.The Bar’s petition in this case proposes amendments to the followingexisting Bar Rules: 1-3.7 (Reinstatement to Membership); 2-3.11 (Quorum); 2-9.2(Standing Board Policies); 2-9.4 (Ethics); 2-9.6 (Rules of Order); 2-9.7 (Insurancefor Members of Board of Governors, Officers, Grievance Committee Members,UPL Committee Members, Clients’ Security Fund Committee Members, andEmployees); 3-7.2 (Procedures upon Criminal or Professional Misconduct;Discipline upon Determination or Judgment of Guilt of Criminal Misconduct;Discipline on Removal from Judicial Office); 3-7.10 (Reinstatement and

Readmission Procedures); 3-7.11 (General Rules of Procedure); 4-1.2 (Objectivesand Scope of Representation); 4-1.5 (Fees and Costs for Legal Services); 4-1.10(Imputation of Conflicts of Interest; General Rule); 4-1.19 (Collaborative LawProcess in Family Law); 4-5.8 (Procedures for Lawyers Leaving Law Firms andDissolution of Law Firms); 4-6.5 (Voluntary Pro Bono Plan); 4-8.3 (ReportingProfessional Misconduct); 6-1.2 (Public Notice); 6-10.3 (Minimum ContinuingLegal Education Standards); 14-6.1 (Binding Nature; Enforcement; and Effect ofFailure to Pay Award); 14-7.1 (Immunity and Confidentiality); 18-1.2(Definitions); 20-3.1 (Requirements for Registration); 20-5.2 (Duty to Update); 206.1 (Generally); 20-8.3 (Complaint Processing); and 20-8.6 (Disposition ofComplaints). Additionally, the Bar proposes deleting Bar Rules 2-9.8 (PracticeResource Institute) and 3-7.15 (Amendments) in their entirety because they areduplicative of subdivisions of other Bar Rules. The proposals were approved bythe Board of Governors and formal notice of the proposed amendments waspublished in The Florida Bar News, which invited comments from interestedparties. No comments were received.After having fully considered the Bar’s petition, we adopt most of theamendments as proposed by the Bar and delete rules 2-9.8 and 3-7.15 in theirentirety, as proposed by the Bar. However, as discussed below, we decline to-2-

adopt portions of the amendments proposed to rule 3-7.2, and we adopt modifiedamendments to rule 20-3.1. We discuss the more significant amendments below.First, we amend Bar Rule 1-3.7 to increase the required number ofcontinuing legal education hours in subdivision (c) for retired or delinquentattorneys seeking reinstatement from ten to eleven hours for each year or partialyear of retirement or delinquency. Subdivision (g)(2) is also amended to requireinactive members who are seeking reinstatement to complete thirty-three hours ofcontinuing legal education, rather than thirty hours. These changes are madefollowing this Court’s opinion in In re Amendments to Rules Regulating theFlorida Bar 4-1.1 & 6-10.3, 200 So. 3d 1225 (Fla. 2016), in which the three-yearcontinuing legal education requirement was increased from thirty hours to thirtythree hours.Next, we amend Bar Rules 2-3.11, 2-9.2, and 2-9.6 to allow the Bar, anddivisions thereof, to conduct electronic meetings. Specifically, Bar Rule 2-3.11 isrenamed to “Electronic Meetings” and is rewritten to explicitly allow the Bar anddivisions thereof to conduct electronic meetings. The title of Bar Rule 2-9.2 isamended to read “Adoption, Amendment, and Waiver of Standing Board Policiesand Rules of Order,” and the text of the rule is amended to provide that in additionto standing board policies, the Board of Governors may adopt “special rules oforder governing parliamentary procedures.” The text of Bar Rule 2-9.6 is amended-3-

to provide that Robert’s Rules of Order is the parliamentary authority that governsmeetings of the Bar to the extent that it does not conflict with any standing boardpolicies or special rules of order; if there is a conflict, the standing board policiesor special rules of order will control.We next amend Bar Rule 3-7.2 to make clear that it is an attorney’s duty toreport pending criminal charges and any judgment thereon to the Bar. Severalsubdivisions throughout the rule are rewritten for readability and to make clear theduties imposed by the rule, and upon whom those duties are imposed. However,we decline to adopt the Bar’s proposed amendment to subdivision (f) that wouldmake discretionary the Bar’s now-mandatory duty to file a Notice ofDetermination or Judgment of Guilt with the Court upon discovery that an attorneyhas been adjudicated guilty of a felony. Although the Bar expresses concern overhaving no discretion in cases involving a finding of guilt of a felony that requiresno intent because the rule provides for the automatic interim suspension of theattorney, we find that the seriousness of having been found guilty of a felonyoffense militates in favor of this Court retaining the ability to review thecircumstances surrounding the finding of guilt. Accordingly, we decline to adoptthe Bar’s proposed amendment in this regard. We note, however, that any concernthat a sanction resulting from having been found guilty of a felony offense thatrequires no intent will be too severe is addressed by the procedures already present-4-

in the rule; subdivision (h) provides that the matter will be referred to a refereewho can make a recommendation to the Court as to the appropriate sanction for theattorney’s conduct, which the Court considers in imposing the final discipline.We next amend subdivision (f)(4)(B) of Bar Rule 3-7.10 to make clear thatattorneys seeking reinstatement that are required under that subdivision tocomplete the Florida bar examination or a portion thereof must have proof ofhaving passed the required portions of the examination prior to filing a petition forreinstatement under that rule.Additionally, we amend subdivision (h) within Bar Rule 4-1.5 to replace theprovision that “[n]o higher fee shall be charged and no additional charge shall beimposed by reason of a lawyer’s or law firm’s participation in a credit plan” with astatement that “[l]awyers may charge clients the actual charge the credit planimposes on the lawyer for the client’s transaction.” By so doing, we hereby allowlawyers to pass on the actual costs resulting directly from a client’s choice to pay abill or invoice with a credit card, or make payments under a credit plan, to thatclient.We next amend Bar Rule 6-10.3 to require that one of the five credit hoursof continuing legal education per three-year reporting cycle that is required toconcern legal ethics, professionalism, bias elimination, substance abuse, or mentalillness awareness must concern professionalism. Additionally, we amend the-5-

definition of “supervising lawyer” contained in Bar Rule 18-1.2(c) to make clearthat a supervising lawyer under that rule must be “eligible to practice law inFlorida.”Next, we amend various rules governing the Florida Registered ParalegalProgram. First, we amend Bar Rule 20-3.1 to create an additional category ofindividuals who may become Florida Registered Paralegals; however, we modifythe language proposed by the Bar to create the category for those with “a jurisdoctorate degree from an American Bar Association accredited institution andmembership in good standing with a state bar association other than Florida’s, withno minimum paralegal work experience.” We also amend Bar Rule 20-5.2 toprovide that the Bar will notify a registered paralegal’s supervising or employingattorney of any changes to the paralegal’s registration status. Further, we amendBar Rule 20-6.1 to increase the continuing education requirement for registeredparalegals from thirty hours every reporting cycle to thirty-three hours, andrequiring three of those hours to concern technology. Additionally, we increasethe number of continuing education hours required for re-registering afterresigning or having one’s registration revoked from ten hours to eleven. Theseincreases are consistent with recent increases that we have made with regard torequired continuing legal education requirements for lawyers. Last, we amendsubdivision (e) of Bar Rule 20-8.3 to require a registered paralegal to notify the-6-

supervising attorney if a complaint has been filed against the paralegal pursuant tothat rule.Finally, we delete two rules in their entirety because they are duplicative ofprovisions found elsewhere in the rules. Bar Rule 2-9.8 is deleted as duplicative ofBar Rule 2-3.2(d)(7). Additionally, Bar Rule 3-7.15 is deleted as duplicative ofBar Rule 1-12.1(f).Accordingly, the Court adopts the amendments to the Rules Regulating theFlorida Bar as set forth in the appendix to this opinion. Deletions are indicated bystruck-through type, and new language is indicated by underscoring. Thecomments are offered for explanation and guidance only and are not adopted as anofficial part of the rules. The amendments shall become effective on March 5,2019.It is so ordered.CANADY, C.J., and PARIENTE, LEWIS, QUINCE, POLSTON, LABARGA,and LAWSON, JJ., concur.NO MOTION FOR REHEARING WILL BE ALLOWED.Original Proceeding – Rules Regulating The Florida BarJoshua E. Doyle, Executive Director, Michelle R. Suskauer, President, JohnStewart, President-Elect, Lori S. Holcomb, Director, Division of Ethics andConsumer Protection, and Elizabeth Clark Tarbert, Ethics Counsel, The FloridaBar, Tallahassee, Florida,for Petitioner-7-

APPENDIXCHAPTER 1 GENERAL1-3 MEMBERSHIPRULE 1-3.7 REINSTATEMENT TO MEMBERSHIP(a) Eligibility for Reinstatement. Members who have retired or beendelinquent for a period of time not in excess of 5 years are eligible forreinstatement under this rule. Time will be calculated from the day of theretirement or delinquency.Inactive members may also seek reinstatement under this rule.(b) Petitions Required. A member seeking reinstatement must file a petitionwith the executive director setting forth the reason for inactive status, retirement,or delinquency and showing good cause why the petition for reinstatement shouldbe granted. The petitioner must include all required information on a formapproved by the board of governors. The petition must be accompanied by anonrefundable reinstatement fee of 150 and payment of all arrearages unlessadjusted by the executive director with concurrence of the executive committee forgood cause shown. Inactive members are not be required to pay the reinstatementfee. No member will be reinstated if, from the petition or from investigationconducted, the petitioner is not of good moral character and morally fit to practicelaw or if the member is delinquent with the continuing legal education or basicskills course requirements.If the executive director is in doubt as to approval of a petition, the executivedirector may refer the petition to the board of governors for its action. Action ofthe executive director or board of governors denying a petition for reinstatementmay be reviewed on petition to the Supreme Court of Florida.(c) Members Who Have Retired or Been Delinquent for Less Than 5Years, But More Than 3 Years. Members who have retired or been delinquentfor less than 5 years, but more than 3 years, must complete 1011 hours ofcontinuing legal education courses for each year or portion of a year that themember 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 yearsor longer will not be reinstated under this rule and must be readmitted uponapplication to the Florida Board of Bar Examiners and approval by the SupremeCourt of Florida.-8-