In Re: Amendments to Rules Regulating The Florida Bar - Chapter 6

Supreme Court of Florida
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No. SC2024-0031
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IN RE: AMENDMENTS TO RULES REGULATING THE FLORIDA
BAR – CHAPTER 6.

April 18, 2024

PER CURIAM.

The Florida Bar has filed a petition proposing amendments to

Rules Regulating The Florida Bar 6-3.14 (Sunset of Certification

Areas), 6-10.2 (Administration), 6-10.4 (Reporting Requirements),

6-12.1 (Basic Skills Course Requirement), 6-12.2 (Administration),

6-12.5 (Noncompliance and Sanctions), 6-12.6 (Reinstatement),

6-12.7 (Confidentiality), and 6-12.8 (Disciplinary Action). 1

The Florida Bar’s Board of Governors approved the proposed

amendments, and the Bar published them for comment. No

comments were received.

1. We have jurisdiction. See art. V, § 15, Fla. Const.; see also
R. Regulating Fla. Bar 1-12.1.
Having considered the Bar’s petition, we amend the Rules

Regulating The Florida Bar, as proposed by the Bar. Among other

things, the amendments reflect current reporting requirements and

legal specialization processes. They also allow for the extension of

basic skills course and continuing legal education requirements

reporting cycles when certain major events, including national

disasters, extreme weather, pandemics, wars, political unrest, or

government mandates and regulations, hinder the timely

completion of those requirements. Grammatical changes are also

made to improve clarity and promote consistency throughout the

rules.

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 June

17, 2024.

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.
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Original Proceeding – Florida Rules Regulating The Florida Bar

Joshua E. Doyle, Executive Director, F. Scott Westheimer,
President, Roland Sanchez-Medina, Jr., President-elect, Rosalyn Sia
Baker-Barnes, President-elect Designate, and Elizabeth Clark
Tarbert, Division Director, Lawyer Regulation, The Florida Bar,
Tallahassee, Florida,

for Petitioner

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APPENDIX

RULE 6-3.14. SUNSET OF CERTIFICATION AREAS

If any certification committee has not received an initial
certification application for 5 consecutive years, the Board of Legal
Specialization and Education will petition the Supreme Court of
Florida to close the certification area to initial applicants. The
recertification standards of the certification area will remain in
effect. When the Board of Legal Specialization and Education
determines there have been no new initial certification applications
for 5 consecutive years, the bar will post a notice on its website that
no new applications will be accepted until the Supreme Court of
Florida determines whether to close the certification area to initial
applicants. The bar will then accept no new applicants for that area
until the court makes its determination.

RULE 6-10.2. ADMINISTRATION

(a) Board of Legal Specialization and Education. The board
of legal specialization and education shall administers the
continuing legal education requirements as herein provided in this
rule. Any member affected by an adverse decision of the board of
legal specialization and education may appeal as provided in rule 6-
10.5.

(b) Delegation of Authority. The board of legal specialization
and education may delegate to the staff of The Florida Bar any
responsibility set forth hereinin this rule, except that of granting a
waiver or exemption from continuing legal education requirements.

(c) Scope of Board of Legal Specialization and Education
Activities. The board of legal specialization and education shall
cooperates with and answers inquiries from staff pertaining toon
continuing legal education requirements and makes
recommendations to the board of governors concerningon
continuing legal education requirements, including but not limited
to:

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(1) approved education courses;

(2) approved alternative education methods;

(3) number of credit hours’ credit to be allowed for various
education efforts;

(4) established educational standards for satisfaction and
completion of approved courses;

(5) additional areas of education and/or practice approved
for credit under continuing legal education requirements;

(6) modification or expansion of continuing legal education
requirements;

(7) adoption of additional standards or regulations pertaining
tofor continuing legal education requirements;

(8) amount of reporting or delinquency fees; and

(9) general administration of continuing legal education
requirements.

(d) Maintenance of Records. The Florida Bar shall maintains
a record of each member’s compliance with continuing legal
education requirements.

(e) Extensions. The board of legal specialization and education
may adjust the time for completion for continuing legal education
requirements on the executive director or board of governors’
request for good cause shown, which may include, but is not
limited to:

(1) national or regional emergency;

(2) flood, fire, hurricane, extended extreme weather, or
explosion;

(3) disease, epidemic, pandemic, or quarantine;

(4) war, invasion, or terrorist threats or acts;

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(5) extended riots, protest, civil unrest, civil strife, or political
unrest; or

(6) local, state, federal, or foreign government
recommendation, regulation, mandate, order, law, statute, or
advisory.

Requests for extensions from individual members will not be
considered.

RULE 6-10.4. REPORTING REQUIREMENTS

(a) Reports Required Reporting. Each member except those
exempt under rule 6-10.3(c) must file a report showing compliance
or noncompliance with the continuing legal education requirement
in the form prescribed by the board of legal specialization and
education unless exempt under these rules. 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 rule 6-10.3. Members described
in subdivisions (c)(4) through (c)(6) of rule 6-10.3 are automatically
exempt from compliance and reporting of continuing legal
education.

(b) Time for Filing. The report must be filedEach member
must report required credit hours with The Florida Bar no later
than the last day of the member’s applicable reporting period as
assigned by The Florida Bar.

RULE 6-12.1. BASIC SKILLS COURSE REQUIREMENT

(a) Preamble. It is of primary importance to the public and to
the members of The Florida Bar that attorneyslawyers begin their
legal careers with a thorough and practical understanding of the
law. To accomplish that objective, each Florida Bar member of The
Florida Bar (hereinafter referred to as “member”) shallmust comply
with the basic skills course requirement (hereinafter BSCR) through
the completion of continuing legal education programscourses
developed and presented by theThe Florida Bar Young Lawyers
Division of The Florida Bar (hereinafter YLD). Oversight of member

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compliance with this rule shall be the responsibility of theThe board
of legal specialization and education (hereinafter BLSE.)is
responsible for oversight of Florida Bar member compliance with
this subchapter.

(b) Applicability. Every member admitted to The Florida Bar
after October 1, 1988, shallmust comply with the BSCRbasic skills
course requirement.

RULE 6-12.2. ADMINISTRATION

(a) Responsibility. The YLD shall be responsible for the
planning, content, and presentation of programs for BSCR
complianceYoung Lawyers Division plans the content and presents
basic skills courses. The YLD shall alsoYoung Lawyers Division
establishes minimum quality standards for the Practicing with
Professionalism programcourse, towhich must include instruction
on discipline, ethics, professionalism, and responsibility to the
public. The BLSE shallboard of legal specialization and education
oversees member compliance with BSCRthe basic skills course
requirement and adopts necessary implementation policies
necessary for implementation. Such policies shall be subject to
approval by the board of governors.

(b) Delegation of Authority. The BLSEboard of legal
specialization and education may delegate to theFlorida Bar staff of
The Florida Bar any responsibility set forth hereinin this
subchapter, except that of denying a waiver or exemption from
BSCRthe basic skills course requirement.

(c) WaiverExtensions. On special application and for good
cause shown, the BLSEThe board of legal specialization and
education may adjust the time for completion, may waive
compliance, or accept a substitute program, for either component of
BSCRthe basic skills course requirements on the executive director
or board of governors’ request for good cause shown, which may
include, but is not limited to:

(1) national or regional emergency;

(2) flood, fire, hurricane, extreme weather, or explosion;
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(3) disease, epidemic, pandemic, or quarantine;

(4) war, invasion, or terrorist threats or acts;

(5) extended riots, protest, civil unrest, civil strife, or political
unrest; or

(6) local, state, federal, or foreign government
recommendation, regulation, mandate, order, law, statute, or
advisory.

(d) Maintenance of Records. The Florida Bar shallwill
maintain a record of each Florida Bar member’s compliance with
BSCRthe basic skills course requirement.

RULE 6-12.5. NONCOMPLIANCE AND SANCTIONS

(a) Notice of Noncompliance. If a Florida Bar member fails to
comply with this rule, the member shall beis deemed delinquent as
provided elsewhere in the Rules Regulating The Florida Bar. The
BLSE shallFlorida Bar must promptly send a notice of
noncompliance to suchthe noncompliant member.

(b) Appeal to the Board of Governors. A delinquent member
shall have the right tomay appeal the delinquency determination to
the board of governors under such rules and regulations as it may
prescribeprocedures the board of governors prescribes.

(c) Appeal to the Supreme Court of Florida. A delinquent
member shall have the right tomay appeal the board of governors’
determination of the board of governors to the Supreme Court of
Florida under such rules and regulations as it may prescribethe
court prescribes.

(d) [No change]

(e) Tolling Time. An appeal shall tolls the determination of
noncompliance and resulting delinquency until such time as all
appeals have been completed or the time for taking sameappeal has
expired.

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RULE 6-12.6. REINSTATEMENT

Any member delinquent in completion of the BSCRbasic skills
course requirement may be reinstated by the executive director or
board of governors upon athe delinquent member showing of
compliance with the BSCRbasic skills course requirement and
payment of a uniform reinstatement fee, as established set by the
board of governors.

RULE 6-12.7. CONFIDENTIALITY

The files and records maintained regarding appeals and hearings
conducted under this rule and any hearings in connection
therewith shall beare confidential until suchthe time asfor the
appeals process has concludedended. If a member is deemed
delinquent pursuant tounder this rule, that fact shall beis public
information.

RULE 6-12.8. DISCIPLINARY ACTION

The BLSEboard of legal specialization and education may refer a
Florida Bar member who makes a misrepresentation of a material
fact concerning the BSCRbasic skills course requirement for
disciplinary investigation as provided elsewhere in these Rules
Regulating The Florida Bar.

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