In Re: Amendments to Rules Regulating The Florida Bar - Chapter 1

Supreme Court of Florida
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No. SC2025-0020
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IN RE: AMENDMENTS TO RULES REGULATING THE FLORIDA
BAR – CHAPTER 1.

August 28, 2025

PER CURIAM.

The Florida Bar has filed a proposal to amend Rules

Regulating The Florida Bar 1-3.6 (Delinquent Members), 1-3.10

(Appearance by Non-Florida Lawyer in a Florida Court), 1-3.11

(Appearance by Non-Florida Lawyer in an Arbitration Proceeding in

Florida), and 1-7.3 (Membership Fees). We have jurisdiction. See

art. V, § 15, Fla. Const. In accord with rule 1-12.1(g), the Bar

published formal notice of its intent to file this petition in The

Florida Bar News, and the notice directed interested parties to file

comments directly with the Court. No comments were received.

We hereby amend rules 1-3.6, 1-3.10, and 1-3.11 as proposed

with one minor modification. We also amend rule 1-7.3, but we

make significant modifications to the Bar’s proposal.
Rule 1-3.6 is amended to state that members will be deemed

delinquent for failing to timely pay membership fees and other

assessed fees and costs. We also divide the rule into subdivisions:

(a) (Actions that Result in a Member Being Deemed Delinquent);

and (b) (Effect of Delinquency). The one modification we make to

the Bar’s proposal is replacing the Bar’s proposed title for

subdivision (a) (“Types of Delinquency”) with a new title, “Actions

that Result in a Member Being Deemed Delinquent,” to more clearly

articulate the subject matter addressed by the subdivision.

Next, we amend rule 1-3.10 by creating a new subdivision (e)

(Reports to The Florida Bar), which adds a reporting requirement for

lawyers permitted to appear under the rule. This change is made so

that the Bar can more effectively collect and administer the

nonrefundable fees required under subdivision (d).

We amend rule 1-3.11 by creating a new subdivision (f)

(Nonrefundable Fee), which requires non-Florida lawyers permitted

to appear in arbitration proceedings in Florida to pay nonrefundable

annual fees similar to those required of lawyers permitted to appear

under rule 1-3.10. We also create a new subdivision (g) (Reports to

The Florida Bar), which requires lawyers permitted to appear under

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the rule to annually report the status of their arbitration

proceedings in Florida. To account for new subdivisions (f) and (g),

existing language addressing payment of fees is deleted from

subdivision (e)(6). Finally, minor grammatical amendments are

made throughout the rule to conform with our Guidelines for Rules

Submissions.

For rule 1-7.3, we delete existing subdivision (b) (Prorated

Membership Fees), eliminating the collection of prorated fees for

new members. A new subdivision (b) (Membership Fees for New

Members) is created in place of the deleted provision. New

subdivision (b)(1) states that new members admitted from April 1 to

June 30 are exempt from paying fees for their initial membership

periods, and new subdivision (b)(2) provides that all other new

members must pay a $265 membership fee to cover their first year

of membership that began on the most recent July 1.

Accordingly, the Rules Regulating The Florida Bar are

amended as reflected in the appendix to this opinion. New

language is indicated by underscoring; deletions are indicated by

struck-through type. The amendments shall become effective

October 27, 2025, at 12:01 a.m.

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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 1-3.6. DELINQUENT MEMBERS

(a) Actions that Result in a Member Being Deemed
Delinquent. Any person licensed to practice law in Florida is
deemed a delinquent member if the member fails to:

(a)(1) timely pay membership fees and all other assessed
fees and costs;

(b)(2) comply with continuing legal education or basic
skills course requirements;

(c)(3) pay the costs assessed in diversion or disciplinary
cases within 30 days after the disciplinary decision or diversion
recommendation becomes final, unless the time is extended by the
board of governors for good cause shown;

(d)(4) make restitution imposed in diversion cases or
disciplinary proceedings within the time specified in the order in
those cases or proceedings;

(e)(5) pay fees imposed as part of diversion for more than
30 days after the diversion recommendation became final, unless
the time is extended by the board of governors for good cause
shown;

(f)(6) pay an award entered in fee arbitration proceedings
conducted under the authority stated elsewhere in these rules and
30 days or more have elapsed since the date on which the award
became final; or

(g)(7) file the trust account certificate required in chapter
5 of these rules.

(b) Effect of Delinquency. Delinquent members are not
members of The Florida Bar in good standing and therefore are
prohibited from engaging in the practice of law in Florida and are
not entitled to any privileges and benefits accorded to members of
The Florida Bar in good standing.

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RULE 1-3.10. APPEARANCE BY NON-FLORIDA LAWYER IN A
FLORIDA COURT

(a) – (d) [No Change]

(e) Reports to The Florida Bar. The lawyer admitted pro hac
vice under this rule must report to The Florida Bar within 30 days
of the lawyer withdrawing from representation in the proceedings or
the proceedings concluding. The lawyer admitted pro hac vice
under this rule must report to The Florida Bar annually the lawyer’s
pro hac vice status on a form and by a date approved by The Florida
Bar.

Comment
[No Change]

RULE 1-3.11. APPEARANCE BY NON-FLORIDA LAWYER IN AN
ARBITRATION PROCEEDING IN FLORIDA

(a) Non-Florida Lawyer Appearing in an Arbitration
Proceeding in Florida. A lawyer currently eligible to practice law
in another United States jurisdiction or a non-United States
jurisdiction may appear in an arbitration proceeding in this
jurisdiction if the appearance is:

(1) – (3) [No Change]

SuchThe lawyer shallmust comply with the applicable portions
of this rule and of rule 4-5.5.

(b) Lawyer Prohibited from Appearing. No lawyer is
authorized to appear pursuant tounder this rule if the lawyer:

(1) – (3) [No Change]

(4) has previously been disciplined or held in contempt
by reason of misconduct committed while engaged in representation
permitted pursuant tounder this rule;

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(5) has failed to provide notice to The Florida Bar or pay
the filing fee as required by this rule, except that neither notice to
The Florida Bar nor a fee shall beis required for lawyers appearing
in international arbitrations; or

(6) [No Change]

(c) Application of Rules Regulating tThe Florida Bar.
Lawyers permitted to appear by this rule shall beare subject to
these Rules Regulating tThe Florida Bar while engaged in the
permitted representation, including, without limitation, rule 4-5.5.

(d) General Practice Prohibited. Non-Florida lawyers
shallare not be permitted to engage in a general practice pursuant
tounder this rule. In all arbitration matters except international
arbitration, a lawyer who is not admitted to practice law in this
jurisdiction who files more than 3 demands for arbitration or
responses to arbitration in separate arbitration proceedings in a
365-day period shall beis presumed to be engaged in a “general
practice.”

(e) Content of Verified Statement for Leave to Appear. In
all arbitration proceedings except international arbitrations, prior to
practicing pursuant to this rule, theThe non-Florida lawyer
shallmust file a verified statement with The Florida Bar and serve a
copy of the verified statement on opposing counsel, if known, before
practicing under this rule in all arbitration proceedings except
international arbitrations. If opposing counsel is not known at the
time the verified statement is filed with The Florida Bar, the non-
Florida lawyer shallmust serve a copy of the verified statement on
opposing counsel within 10 days of learning the identity of opposing
counsel. The verified statement shallmust include:

(1) a statement identifying all jurisdictions in which the
lawyer is currently eligible to practice law including the
attorney’slawyer’s bar number(s) or attorney number(s) for each
jurisdiction;

(2) [No Change]

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(3) a statement identifying all jurisdictions in which the
lawyer has been disciplined in any manner in the preceding 5 years
and the sanction imposed, or in which the lawyer has pending any
disciplinary proceeding, including the date of the disciplinary action
and the nature of the violation, as appropriate;

(4) – (5) [No Change]

(6) a certificate indicating service of the verified
statement upon all counsel of record in the matter and upon The
Florida Bar at its Tallahassee office accompanied by a
nonrefundable $250.00 filing fee made payable to The Florida Bar;
however, such fee may be waived in cases involving indigent clients;
and

(7) a verification by the lawyer seeking to appear
pursuant tounder this rule.

(f) Nonrefundable Fee. The application to The Florida Bar
must be accompanied by a nonrefundable fee made payable to The
Florida Bar. The lawyer appearing in any arbitration proceeding in
Florida except international arbitrations must pay an annual
nonrefundable renewal fee each year after the initial filing for each
year that lawyer continues to appear in any arbitration proceeding
in Florida. The initial nonrefundable application fee, the annual
nonrefundable renewal fee, and the date on which the annual
renewal fee must be paid will be set by the Bar’s executive director
as approved by the board of governors. The Florida Bar will provide
the Florida Supreme Court with 30 days’ notice prior to the
effectiveness of any increase in the amount of a nonrefundable fee
or of the imposition of any new fee.

(g) Reports to The Florida Bar. The lawyer appearing under
this rule must report to The Florida Bar within 30 days of the
lawyer withdrawing from representation in the arbitration or the
arbitration proceedings concluding. The lawyer appearing under
this rule must report to The Florida Bar annually the lawyer’s
status of appearance in arbitration proceedings in Florida, except
international arbitrations, on a form and by a date approved by The
Florida Bar.

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Comment
[No Change]

RULE 1-7.3. MEMBERSHIP FEES

(a) [No Change]

(b) Prorated Membership Fees. Membership fees will be
prorated for anyone admitted to The Florida Bar after July 1 of any
fiscal year. The prorated amount will be based on the number of full
calendar months remaining in the fiscal year at the time of
admission. Unpaid prorated membership fees will be added to the
next annual membership fees bill with no penalty to the member.
The Florida Bar must receive the combined prorated and annual
membership fees payment on or before August 15 of the first full
year fees are due unless the member elects to pay by installment.

(b) Membership Fees for New Members. Annual
membership fees will not be prorated for newly admitted members.
New members must pay initial membership fees as follows:

(1) A new member admitted from April 1 through June
30 is exempt from paying membership fees for the membership
period currently in progress at the time of his or her admission. The
annual fee for the following membership period must be paid as
described in subdivisions (a), (c), (d), and (f).

(2) All other new members must, within 60 days of
admission, pay to The Florida Bar a membership fee in the amount
of $265 for the membership period in which they are admitted. The
annual fee for the following membership period must be paid as
described in subdivisions (a), (c), (d), and (f).

(c) - (f) [No Change]

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