In Re: Amendments to Rules Regulating the Florida Bar - Chapter 3

Supreme Court of Florida
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No. SC2025-1180
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IN RE: AMENDMENTS TO RULES REGULATING THE FLORIDA
BAR – CHAPTER 3.

December 18, 2025

PER CURIAM.

The Florida Bar petitions the Court to amend Chapter 3 of the

Rules Regulating The Florida Bar. 1 Specifically, the Bar proposes

amending rules 3-3.2 (Board of Governors of The Florida Bar), 3-5.1

(Generally), 3-7.2 (Procedures on Criminal or Professional

Misconduct; Discipline on Determination or Judgment of Guilt of

Criminal Misconduct; Discipline on Removal From Judicial Office),

and 3-7.4 (Grievance Committee Procedures).

The proposed amendments were approved by the Board of

Governors of The Florida Bar, and consistent with rule 1-12.1(g),

the Bar published formal notice of its intent to file the petition in

1. We have jurisdiction. See art. V, § 15, Fla. Const.; see also
R. Regulating Fla. Bar 1-12.1.
The Florida Bar News. The notice directed interested parties to file

comments directly with the Court. No comments were received.

Having fully considered the proposals, we adopt the

amendments to Chapter 3 proposed by the Bar with modifications.

The more significant rule changes are discussed below.

First, we add the word “interim” to rule 3-3.2(b)(2) (Emergency

Suspension or Probation). This change aligns the rule with the

terminology used in rule 3-5.2 (Emergency Suspension and Interim

Probation).

Next, we reorganize rule 3-5.1. Each subdivision within the

rule is either relettered or renumbered and many of the

subdivisions are retitled. We also amend renumbered subdivisions

(a)(5) (Disbarment) and (a)(6) (Disciplinary Revocation) to make

plain that a lawyer who is subject to an order of either permanent

disbarment or disciplinary revocation without leave to apply for

readmission is barred from applying for readmission to the Bar.

We amend rule 3-7.2(l) (Waiver of Time Limits) to allow a

lawyer to waive any of the time limits in rule 3-7.2 orally on the

record at a hearing before a referee. And we amend rule 3-7.4(g)(3)

(Vote) to require that all grievance committee action, not just

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findings of probable cause and recommendations of guilt, be by a

majority vote. This change will allow grievance committees to take

binding action even if there are abstentions.

Accordingly, Chapter 3 of the Rules Regulating The Florida Bar

is amended as set forth in the appendix to this opinion. Deletions

are indicated by struck-through type, and new language is

indicated by underscoring. The amendments become effective

February 16, 2026, at 12:01 a.m.

It is so ordered.

MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS,
FRANCIS, and SASSO, JJ., concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER
THE EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Rules Regulating The Florida Bar

Rosalyn Sia Baker-Barnes, President, Michael Fox Orr, President-
elect, Joshua E. Doyle, Executive Director, Elizabeth Clark Tarbert,
Division Director, Lawyer Regulation, and Kelly N. Smith, Senior
Attorney, The Florida Bar, Tallahassee, Florida,

for Petitioner

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APPENDIX

RULE 3-3.2. BOARD OF GOVERNORS OF THE FLORIDA BAR

(a) [No Change]

(b) Authority to File a Formal Complaint. No formal
complaint 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) [No Change]

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

(3) – (6) [No Change]

(c) [No Change]

RULE 3-5.1. GENERALLY

(a) Disciplinary Measures in Judgments. A judgment
finding a member of The Florida Bar guilty of misconduct will
include 1 or more of the following disciplinary measures.

(a) Admonishments(1) Admonishment. A Supreme
Court of Florida order finding minor misconduct and ordering an
admonishment may direct the respondent to appear before the
Supreme Court of Florida, the board of governors, a grievance
committee, or the referee for administration of the admonishment. A
grievance committee report and finding of minor misconduct or the
board of governors, on review of the report, may direct the
respondent to appear before the board of governors or the grievance
committee for administration of the admonishment. A

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memorandum of administration of an admonishment will be made a
part of the record of the proceeding after the admonishment is
administered.

(b) Minor Misconduct. Minor misconduct is the only type of
misconduct for which an admonishment is an appropriate
disciplinary sanction.

(1) Criteria.(A) Criteria. In the absence of
unusual circumstances, misconduct will not be regarded as minor if
any of the following conditions exist:

(Ai) the misconduct involves misappropriation
of a client’s funds or property;

(Bii) the misconduct resulted in or is likely to
result in actual prejudice (loss of money, legal rights, or valuable
property rights) to a client or other person;

(Ciii) the misconduct resulted in or is likely to
result in actual or potential injury to the public or the legal system;

(Div) the respondent has been publicly
disciplined in the past 3 years;

(Ev) the misconduct involved is of the same
nature as misconduct for which the respondent has been
disciplined in the past 5 years;

(Fvi) the misconduct includes dishonesty,
misrepresentation, deceit, or fraud on the part ofby the respondent;
or
(Gvii) the misconduct constitutes the
commission of a felony under applicable law.

(2) Discretion of Grievance Committee.(B)
Discretion of Grievance Committee. A grievance committee
may recommend an admonishment for minor misconduct or
diversion to a practice and professionalism enhancement program

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when unusual circumstances are present, despite the presence of 1
or more of the criteria described in subdivision (1) of this rule. Any
grievance committee report recommending an admonishment for
minor misconduct or diversion to a practice and professionalism
enhancement program despite the presence of the criteria in
subdivision (1)this rule must contain a detailed explanation of the
circumstances giving rise to the committee’s recommendation.

(3) Recommendation of Minor Misconduct.(C)
Recommendation of Minor Misconduct. If a grievance
committee finds the respondent guilty of minor misconduct or if the
respondent admits guilt of minor misconduct and the committee
concurs, the grievance committee will file its report recommending
an admonishment, the manner of administration, the taxing of
costs, and an assessment or administrative fee in the amount of
$1,250 against the respondent. The report recommending an
admonishment will be forwarded to staff counsel and the designated
reviewer for review. If staff counsel does not return the report to the
grievance committee to remedy a defect in the report, or if the report
is not referred to the disciplinary review committee by the
designated reviewer as provided elsewhere in these rules, the report
will then be served on the respondent by bar counsel. The report
and finding of minor misconduct becomes final unless rejected by
the respondent within 30 days after service of the report. If rejected
by the respondent, bar counsel will prepare a formal complaint as
in a finding of probable cause. If the respondent does not reject the
report of minor misconduct is not rejected by the respondent, bar
counsel will give written notice of the finding of minor misconduct
will be given, in writing, to the complainant.

(4) Rejection of Minor Misconduct Reports.(D)
Rejection of Minor Misconduct Reports. The board of
governors' rejection of a grievance committee report of minor
misconduct, without dismissal of the case, or remand to the
grievance committee, is deemed a finding of probable cause. The
respondent's rejection is deemed a finding of probable cause. At
trial before a referee following a respondent's rejection of a report of
minor misconduct, the referee may recommend any discipline
authorized under these rules.

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(5) Admission of Minor Misconduct.(E) Admission
of Minor Misconduct. A respondent may tender a written admission
of minor misconduct to bar counsel or to the grievance committee
within 30 days after service of a notice of a finding of probable
cause by a grievance committee or the board of governors. An
admission of minor misconduct may be conditioned on acceptance
by the grievance committee or the board of governors, but the
respondent may not condition the admission of minor misconduct
on the method of administration of the admonishment or on
nonpayment of costs incurred in the proceedings. An admission
may be tendered after a finding of probable cause (but before the
filing of a complaint) only if an admission has not been previously
tendered. If the admission is tendered after a finding of probable
cause, the grievance committee or board of governors may consider
the admission without further evidentiary hearing and may either
reject the admission, affirming its prior action, or accept the
admission, in which case, the report of minor misconduct will be
issued by the grievance committee. If a respondent’s admission is
accepted by the grievance committee or board of governors, the
respondent may not later reject a report of the committee
recommending an admonishment for minor misconduct. If the
admission of minor misconduct is rejected, the admission may not
be considered or used against the respondent in subsequent
proceedings.

(F) Administration of Admonishment. A Supreme
Court of Florida order finding minor misconduct and ordering an
admonishment may direct the respondent to appear before the
Supreme Court of Florida, the board of governors, a grievance
committee, or the referee for administration of the admonishment. A
grievance committee report and finding of minor misconduct or the
board of governors, on review of the report, may direct the
respondent to appear before the board of governors or the grievance
committee for administration of the admonishment. A
memorandum of administration of an admonishment will be made a
part of the record of the proceeding after the admonishment is
administered.

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(c) Probation.(2) Probation. The respondent may be
placed on probation for a stated period of time between 6 months
and 5 years or for an indefinite period determined by conditions
stated in the order. The judgment will state the conditions of the
probation, which may include, but are not limited to, the following:

(1A) completion of a practice and professionalism
enhancement program as provided elsewhere in these rules;

(B) quarterly or periodic reports of caseload
status;

(2C) supervision of all or part of the respondent’s
work by a member of The Florida Bar;

(3D) required reporting to a designated agency;

(4E) satisfactory completion of continuing legal
education programs in addition to those required by rule 6-10.3a
course of study or a paper on legal ethics approved by the Supreme
Court of Florida;

(5F) supervision over fees and trust accounts or
periodic audits of trust accounts as the court directs; or

(G) participation in substance use disorder
programs;

(H) periodic physical or mental examinations;

(I) passing the bar examination or the appropriate
professional responsibility examination; or

(6J) restrictions on the ability to advertise legal
services, either in type of advertisement or a general prohibition for
a stated period of time, in cases in which rules regulating
advertising have been violated or the legal representation in which
the misconduct occurred was obtained by advertising.

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The respondent will reimburse the bar for the costs of
supervision. The respondent may be punished for contempt on
petition by The Florida Bar, as provided elsewhere in these Rules
Regulating The Florida Barrules, on failure of a respondent to
comply with the conditions of the probation or a finding of probable
cause as to conduct of the respondent committed during the period
of probation. An order of the courtSupreme Court of Florida
imposing sanctions for contempt under this rule may also terminate
the probation previously imposed.

(d) Public Reprimand.(3) Public Reprimand. A public
reprimand will be administered in the manner prescribed in the
judgment but all reprimands will be reported in the Southern
Reporter. The bar will provide due notice to the respondent of any
proceeding set to administer the reprimand. The respondent must
appear personally before the Supreme Court of Florida, the board of
governors, any judge designated to administer the reprimand, or the
referee, if required, and this appearance will be made a part of the
record of the proceeding.

(e) Suspension.(4) Suspension. The respondent may
be suspended from the practice of law for a period of time to be
determined by the conditions imposed by the judgment or order or
until further order of the court. During this suspension, the
respondent continues to be a member of The Florida Bar but
without the privilege of practicing. A suspension of 90 days or less
does not require proof of rehabilitation or passage of the Florida bar
examination, and the respondent will become eligible for all
privileges of members of The Florida Bar on the expiration of
thewhen the period of suspension expires. A suspension of more
than 90 days requires proof of rehabilitation and may require
passage of all or part of the Florida bar examination, and the
respondent will not become eligible for all privileges of members of
The Florida Bar until the courtSupreme Court of Florida enters an
order reinstating the respondent to membership in The Florida Bar.
No suspension will be ordered for a specific period of time more
than 3 years.

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An order or opinion imposing a suspension of 90 days or less
will include a provision that prohibits the respondent from
accepting new business from the date of the order or opinion until
the end of the term of the suspension and will provide that the
suspension is effective 30 days from the date of the order or opinion
so that the respondent may close out the practice of law and protect
the interests of existing clients, unless the court orders otherwise.

An order or opinion imposing a suspension of more than 90
days will include a provision that prohibits the respondent from
accepting new business from the date of the order or opinion until
the date of the court’s order of reinstatement and will provide that
the suspension is effective 30 days from the date of the order or
opinion so that the respondent may close out the practice of law
and protect the interests of existing clients, unless the court orders
otherwise.

(f) Disbarment.(5) Disbarment. A judgment of
disbarment terminates the respondent’s status as a member of the
bar. Permanent disbarment precludes readmission. A former
member who has not been permanently disbarred may only be
admitted again on full compliance with the rules and regulations
governing admission to the bar. Except as otherwise provided in
these rules, no application for readmission may be tendered within
5 years after the date of disbarment or a longer period ordered by
the court in the disbarment order or at any time after that date
until all court-ordered restitution and outstanding disciplinary
costs have been paid. No application for readmission may be filed
after a Supreme Court of Florida order of permanent disbarment.

Disbarment is the presumed sanction for lawyers found guilty
of theft from a lawyer’s trust account or special trust funds received
or disbursed by a lawyer as guardian, personal representative,
receiver, or trustee. A respondent found guilty of theft will have the
opportunity to offer competent, substantial evidence to rebut the
presumption that disbarment is appropriate.

Unless waived or modified by the court on motion of the
respondent, an order or opinion imposing disbarment will include a

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provision that prohibits the respondent from accepting new
business from the date of the order or opinion and will provide that
the disbarment is effective 30 days from the date of the order or
opinion so that the respondent may close out the practice of law
and protect the interests of existing clients.

(g) Disciplinary Revocation.(6) Disciplinary
Revocation. A disciplinary revocation is tantamount to a
disbarment. A respondent may petition for disciplinary revocation
in lieu of defending against allegations of disciplinary violations. If
accepted by the Supreme Court of Florida, a disciplinary revocation
terminates the respondent’s status as a member of the bar. A
former bar member whose disciplinary revocation has been
accepted may only be admitted again on full compliance with the
rules and regulations governing admission to the bar. Like
disbarment, disciplinary revocation terminates the respondent’s
license and privilege to practice law and requires readmission to
practice under the Rules of the Supreme Court Relating to
Admissions to the Bar. No application for readmission may be
tendered until the later of 5 years after the date of the order of the
Supreme Court of Florida granting the petition for disciplinary
revocation, or another period of time in excess of 5 years contained
in that order. No application for readmission may be tendered after
a Supreme Court of Florida order granting disciplinary revocation
without leave to apply for readmission.

(hb) Notice to Clients. Unless the court orders otherwise,
when the respondent is served with an order of disbarment,
disbarment on consent, disciplinary revocation, suspension,
emergency suspension, emergency probation, or placement on the
inactive list for incapacity not related to misconduct, the
respondent must immediately furnish a copy of the order to all:

(1) – (4) [No Change]

Within 30 days after service of the order, the respondent must
furnish bar counsel with a sworn affidavit listing the names and
addresses of all persons and entities that have been furnished
copies of the order.

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(ic) Forfeiture of Fees. An order of the Supreme Court of
Florida or a report of minor misconduct adjudicating a respondent
guilty of entering into, charging, or collecting a fee prohibited by the
Rules Regulating The Florida Bar may order the respondent to
forfeit all or any part of the fee. In the case of a clearly excessive fee,
the excessive amount of the fee may be ordered returned to the
client, and a fee otherwise prohibited by the Rules Regulating The
Florida Bar may be ordered forfeited to The Florida Bar Clients’
Security Fund and disbursed in accordance with its rules and
regulations.

(jd) Restitution. In addition to any of the foregoing
disciplinary sanctions and any disciplinary sanctions authorized
elsewhere in these rules, the respondent may be ordered or agree to
pay restitution to a complainant or other person if the disciplinary
order finds that the respondent has received a clearly excessive,
illegal, or prohibited fee, or that the respondent has converted trust
funds or property. The amount of restitution will be specifically set
forth in the disciplinary order or agreement. Restitution for an
excessive fee will not exceed the amount by which that fee is clearly
excessive. Restitution for a prohibited or illegal fee will not exceed
the amount of the fee. Restitution for a conversion will not exceed
the amount of the conversion established in disciplinary
proceedings. Restitution may include interest as allowed by law.
The disciplinary order or agreement must state to whom restitution
must be made and the date by which it must be completed. Failure
to comply with the order or agreement will cause the respondent to
become a delinquent member and will not preclude further
proceedings under these rules. The respondent must provide the
bar with telephone numbers and current addresses of all
individuals or entities to whom the respondent is ordered to pay
restitution.

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RULE 3-7.2. PROCEDURES ON CRIMINAL OR PROFESSIONAL
MISCONDUCT; DISCIPLINE ON DETERMINATION
OR JUDGMENT OF GUILT OF CRIMINAL
MISCONDUCT; DISCIPLINE ON REMOVAL FROM
JUDICIAL OFFICE

(a) – (k) [No Change]

(l) Waiver of Time Limits. The respondent may waive the
time requirements in this rule by written request made to and. The
request must be in writing or clearly stated on the record at a
hearing and is subject to the approval of approved by the referee or
the Supreme Court of Florida.

(m) – (n) [No Change]

RULE 3-7.4. GRIEVANCE COMMITTEE PROCEDURES

(a) – (f) [No Change]

(g) Quorum, Panels, and Vote.

(1) – (2) [No Change]

(3) Vote. All findings of probable cause and
recommendations of guilt of minor misconductgrievance committee
actions must be made by affirmativea majority of those voting vote
of a majority of the committee members present, which majority
must number at least 2 members. There is no required minimum
number of lawyer members voting in order to satisfy the
requirements of this rule. The number of committee members
voting for or against the committee report must be recorded.
Minority reports may be filed. A lawyer grievance committee
member may not vote on the disposition of any matter in which that
member served as the investigating member of the committee.

(h) – (o) [No Change]

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