In Re: Amendments to Rules Regulating The Florida Bar – Chapters 6 and 21

Supreme Court of Florida
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No. SC22-1291
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IN RE: AMENDMENTS TO RULES REGULATING THE FLORIDA
BAR – CHAPTERS 6 AND 21.

February 2, 2023

PER CURIAM.

The Florida Bar (Bar) petitions this Court to amend chapters 6

and 21 of the Rules Regulating The Florida Bar. 1 It asks that we

amend rules 6-3.6 (Recertification), 6-10.3 (Minimum Continuing

Legal Education Standards), 6-12.4 (Deferment and Exemption), 6-

22.1 (Generally), 6-22.3 (Minimum Standards), and 21-3.1

(Continuing Legal Education). Most of the proposed amendments

are minor technical changes, with the only notable change being

the addition of language to rules 6-22.1 and 6-22.3 to close the

certification in antitrust and trade regulation to new applicants, as

there has not been any new applicants for the certification for the

1. We have jurisdiction. See art. V, § 15, Fla. Const.; see also
R. Regulating Fla. Bar 1-12.1.
past 12 years. See R. Regulating Fla. Bar 6-3.14 (Sunset of

Certification Areas).

The proposed amendments were approved by the Board of

Governors of The Florida Bar on a voice vote without objection, and

consistent with rule 1-12.1(g), the Bar published formal notice of its

intent to file the petition in The Florida Bar News. The notice

directed interested parties to file comments directly with the Court.

No comments were received.

Having considered the Bar’s petition and the proposed

amendments, we hereby amend chapters 6 and 21 of the Rules

Regulating The Florida Bar 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 shall

become effective April 3, 2023, at 12:01 a.m.

It is so ordered.

MUÑIZ, C.J., and CANADY, POLSTON, LABARGA, COURIEL,
GROSSHANS, and FRANCIS, 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

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Joshua E. Doyle, Executive Director, Gary S. Lesser, President,
F. Scott Westheimer, President-elect, and Elizabeth Clark Tarbert,
Division Director, Lawyer Regulation, The Florida Bar, Tallahassee,
Florida,

for Petitioner

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Appendix

RULE 6-3.6. RECERTIFICATION

(a) Duration of Certification. No certificate shall lasts for a
period longer than 5 years.

(b) Minimum Standards for Proficiency. Each area of
certification established under this chapter shall contains
requirements and safeguards for the continued proficiency of any
certificate holder. The following minimum standards shall apply:

(1) Aa satisfactory showing of substantial involvement
during the period of certification in the particular area for which
certification was granted.;

(2) Aa satisfactory showing of such continuing legal
education in the area for which certification is granted but in no
event less than 50 credit hours during the 5-year period of
certification.;

(3) Satisfactorysatisfactory peer review and professional
ethics record in accordance with rule 6-3.5(c)(6).;

(4) Any applicant for recertification who is not, at the
time of application for recertification, a membermembership in good
standing of The Florida Bar orand any other bar or jurisdiction in
which the applicant is admitted, as a result of discipline,
disbarment, suspension, or resignation in lieu thereof, shall be
denied recertification. The fact of; a pending disciplinary complaint
or malpractice action against an applicant for recertification
shallmay not be the sole basis to deny recertification.; and

(5) The payment of any fees prescribed by the plan.

(c) [No Change]

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RULE 6-10.3. MINIMUM CONTINUING LEGAL EDUCATION
STANDARDS

(a) Applicability. Every member, except those exempt
under subdivision (c) of this rule, must comply and report
compliance with the continuing legal education requirement except
those exempt under subdivision (c) of this rule. Members must
apply for and receive approval by the bar of an exemption from
compliance and reporting of continuing legal education under
subdivisions (c)(1) through (c)(3) of this rule. Members described in
subdivisions (c)(4) through (c)(6) of this rule are automatically
exempt from compliance and reporting of continuing legal
education.

(b) Minimum Hourly Continuing Legal Education
Requirements. EachEvery member must complete a minimum of
33 credit hours of approved continuing legal education activity
every 3 years. At least 5 of the 33 credit hours must be in approved
legal ethics, professionalism, bias elimination, substance abuse, or
mental illness awarenesshealth and wellness programs, with at
least 1 of the 5 hours in an approved professionalism program, and
at least 3 of the 33 credit hours must be in approved technology
programs. If a member completes more than 33 credit hours
during any reporting cycle, the excess credits cannot be carried over
to the next reporting cycle.

(c) Exemptions. Eligibility for an exemption, in accordance
withunder policies adopted under this rule, is available for:

(1)-(6) [No Change]

(d) Course Approval. Course approval is set forth in
policies adopted pursuant tounder this rule. Special policies will be
adopted for coursesCourses sponsored by governmental agencies
for employee lawyers thatare exempt these courses from any course
approval fee and may exempt these courses from other
requirements as determinedunder policies adopted by the board of
legal specialization and education. The board of legal specialization
and education may not approve any course with a sponsor,

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including a section of The Florida Bar, that uses quotas based on
race, ethnicity, gender, religion, national origin, disability, or sexual
orientation in the selection of course faculty or participants.

(e) [No Change]

(f) Full-time Government Employees. Credit hours will be
given to full-time government employees for courses presented by
governmental agencies. Application for credit approval may be
submitted by the full-time government lawyer before or after
attendance, without charge.

(g) [No Change]

RULE 6-12.4. DEFERMENT AND EXEMPTION

(a) Deferment of Practicing with Professionalism
Requirement.

(1) Deferment Eligibility. A member of The Florida Bar
is eligible to defer compliance with the requirements of rule 6-
12.3(a)(1), if:

(A)-(B) [No Change]

(C) the member is a nonresident member whose
primary office is outside the state of Florida; or

(D) the member elects inactive membership status
in The Florida Bar; or

(E) the member is a full-time government
employee who had benefitted from the deferment of the Practicing
with Professionalism requirement as of its May 12, 2005,
elimination, as long as the member continuously remains in
government practice.

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(2) Deferment Expiration. A deferment of the
requirements of rule 6-12.3(a)(1) as provided under this rule shall
expires at the timewhen the member is no longer eligible for
deferment. UponOn expiration, a member must:

(A)-(B) [No Change]

(b) Deferment of Basic Level YLD Courses.

(1) [No Change]

(2) Deferment Expiration. A deferment of the
requirements of rule 6-12.3(a)(2) as provided under this rule shall
expires at the timewhen the member is no longer eligible for
deferment. UponOn expiration, a member must:

(A)-(B) [No Change]

(c) Exemption.

(1) Governmental Practice. An exemption from rule 6-
12.3(a)(1) shall be granted if a member who had benefitted from the
deferment of the Practicing with Professionalism requirement as of
its May 12, 2005, elimination has already or thereafter been
continuously engaged in the practice of law for a Florida or federal
governmental entity as a full-time governmental employee for a
period of at least 6 years. AnThe bar will grant an exemption from
the 3 elective, basic, substantive continuing legal education
programs sponsored by the YLD required by rule 6-12.3(a)(2) shall
be granted if a member has been continuously engaged in the
practice of law for a Florida or federal governmental entity as a full-
time governmental employee for a period of at least 6 years.

(2) Foreign Practice. AnThe bar will grant an exemption
from the 3 elective, basic, substantive continuing legal education
programs sponsored by the YLD required by rule 6-12.3(a)(2) shall
be granted if a member has been continuously engaged in the
practice of law (non-governmental) in a foreign jurisdiction for a
period of 5 years, can demonstrate completion of 3033 hours of

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approved continuing legal education within the immediate 3-year
period, and can attest that the continuing legal education
completed has reasonably prepared the member for the anticipated
type of practice in Florida.

RULE 6-22.1. GENERALLY

A lawyer who is a member in good standing of The Florida Bar
and meets the standards prescribed below may beThis certification
area is closed to new applicants. Each lawyer who has been
certified under this subchapter has been issued a certificate
identifying the lawyer as “Board Certified in Antitrust and Trade
Regulation Law.” The purpose of the standards is to identify those
lawyers who practice in the area of antitrust law, unfair methods of
competition, and deceptive, unfair, or unconscionable trade
practices and who have the special knowledge, skills, experience,
and judgment, as well as the character, ethics, and reputation for
professionalism, to be properly identified to the public as board
certified in antitrust and trade regulation law. Applicants are
required to establishLawyers who are certified in this area have
established that they have a special ability as a consequence of
broad and varied experience in antitrust and trade regulation law,
including the following:

(a)-(d) [No Change]

RULE 6-22.3. MINIMUM STANDARDS

This certification area is closed to new applicants.

(a) Substantial Involvement and Competence. The
applicant must demonstrate continuous and substantial
involvement and competence in substantive antitrust principles and
deceptive, unfair, or unconscionable acts or practices in multiple
areas of commerce to become certified as an antitrust and trade
regulation lawyer. Substantial involvement and competence must
be demonstrated by the following.

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(1) Minimum Period of Practice. The applicant must
have practiced law for 5 years immediately preceding the filing of
the application for certification, during which the applicant was
involved in at least 8 matters that substantially involved antitrust
or trade regulation law.

(2) Minimum Number of Matters. The applicant must
have handled a minimum of 8 contested matters that involved
representation of a client beyond counseling during the 10 years
immediately preceding application. Each of these matters must
have substantially involved legal and factual issues, and at least 50
percent of the matters must have involved federal antitrust law or
state or federal trade regulation law. In each of these 8 matters, the
applicant must have had senior level responsibility for a majority of
the counseling, advice, and supervision of or involvement in the
presentation of evidence, argument to the tribunal, and
representation of the client. The antitrust and trade regulation
certification committee will consider involvement in protracted
matters as separate matters for satisfaction of the 8 contested
matters requirement. Every documented 300 hours of work on
antitrust or trade regulation issues in a case is the equivalent of an
additional matter for purposes of meeting the threshold of a
minimum of 8 contested matters during the 10 years immediately
preceding application. The antitrust and trade regulation
certification committee will consider the following for satisfaction in
whole or in part of the requirement of 8 matters in which the
applicant had senior level responsibility on good cause shown:

(A) verified substantial involvement in matters
involving antitrust law or trade regulation law at a government
agency; and

(B) in lieu of 2 contested matters, an applicant
may submit a certificate of satisfactory completion of a nationally
recognized trial advocacy course of at least 1 week’s duration, in
which the applicant’s performance was, in whole or in part,
recorded visually and critiqued by experienced trial lawyers.

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(3) Substantial Involvement. The applicant must have
substantial involvement in matters involving federal antitrust or
state or federal trade regulation law sufficient to demonstrate
special competence as an antitrust and trade regulation lawyer.
Substantial involvement may be evidenced by active participation in
client interviewing; counseling; evaluating; investigating; preparing
pleadings, motions, and memoranda; participating in discovery;
taking testimony; briefing issues; presenting evidence; negotiating
settlement; drafting and preparing settlement agreements; or
arguing, trying, or appealing cases involving antitrust law or trade
regulation law.

(b) Peer Review. The applicant must submit names and
addresses of at least 5 lawyers or judges who are neither relatives
nor present or former associates or partners to complete peer review
forms. Such lawyers should be substantially involved in antitrust
and trade regulation law and familiar with the applicant’s practice.

(c) Education. The applicant must complete 50 hours of
approved continuing legal education in the field of antitrust and
trade regulation law within the 3 years preceding the application
date. Accreditation of educational hours is subject to policies
established by the antitrust and trade regulation certification
committee or the board of legal specialization and education.

(d) Examination Exemption. The applicant must pass an
examination applied uniformly to all applicants to demonstrate
sufficient knowledge, skills, and proficiency in antitrust and trade
regulation law to justify representation of special competence to the
legal profession and to the public. The award of an LL.M. degree
from an approved law school in the area of antitrust or trade
regulation law within 8 years of application may substitute as the
written examination required by this subdivision. The applicant is
exempt from any litigation portion of the examination requirement if
the applicant is certified by The Florida Bar in business litigation or
civil trial law and meets the minimum standards of subdivisions (a)-
(c) of this rule.

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RULE 21-3.1. CONTINUING LEGAL EDUCATION

(a)-(b) [No Change]

(c) Minimum Ongoing Requirement. A lawyer certified to
practice law in Florida as a military spouse must complete 11 hours
of continuing legal education during each year the authorization is
renewed, including 1 hour of technology each year and 2 hours of
legal ethics, professionalism, bias elimination, substance abuse, or
mental illness awarenesshealth and wellness each year.

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