Supreme Court of Florida
                            ____________

                         No. SC2024-0029
                           ____________

 IN RE: AMENDMENTS TO RULES REGULATING THE FLORIDA
                  BAR – CHAPTER 3.

                         September 5, 2024

PER CURIAM.

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

Rules Regulating The Florida Bar. 1 We adopt the Bar’s proposed

amendments with some modifications.

                          BACKGROUND

     The Bar proposes amending rules 3-3.4 (Grievance

Committees), 3-5.2 (Emergency Suspension; Interim Probation;

Interim Placement on the Inactive List for Incapacity Not Related to

Misconduct; and Freezing Trust Accounts), 3-5.3 (Diversion of

Disciplinary Cases to Practice and Professionalism Enhancement

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


     1. We have jurisdiction. See art. V, § 15, Fla. Const.; see also
R. Regulating Fla. Bar 1-12.1.
Misconduct; Discipline on Determination or Judgment of Guilt of

Criminal Misconduct; Discipline on Removal from Judicial Office),

3-7.4 (Grievance Committee Procedures), 3-7.5 (Procedures Before

the Board of Governors), 3-7.10 (Reinstatement and Readmission

Procedures), 3-7.11 (General Rules of Procedure), 3-7.12

(Disciplinary Revocation of Admission to The Florida Bar), 3-7.13

(Incapacity Not Related to Misconduct), and 3-7.16 (Limitation on

Time to Open Investigation). The Bar also proposes the addition of

new rule 3-7.15 (Procedures on Frozen Trust Accounts).

     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, we adopt the Bar’s

proposed amendments to Chapter 3 of the Rules Regulating The

Florida Bar with some modifications. We explain the modifications

below, along with some of the more significant rule changes.




                                 -2-
                            AMENDMENTS

     Rule 3-3.4(c) (Membership, Appointment, and Eligibility) is

amended to require that nonlawyer members of grievance

committees not be current or former members of the Bar or any

other state bar. The rule is also amended to clarify that lawyer

members of grievance committees must be in good standing and

eligible to practice law in Florida when appointed.

     In rule 3-5.2, all references to interim placement on the

inactive list due to incapacity are deleted. Specifically, references to

placement on the inactive list are deleted from rule 3-5.2’s title and

from subdivision (b)(1) (Petition). Subdivision (b)(4) (New Cases and

Existing Clients), which contains the wind down requirements for

lawyers placed on the inactive list, is deleted entirely. Placement on

the inactive list due to incapacity will now be governed by one rule,

the amended version of rule 3-7.13.

     Rule 3-5.2 is also amended to delete a reference to freezing

trust accounts in the rule’s title, and to entirely delete the

procedures for disposing of funds held in a frozen trust account in

subdivisions (c)(2) through (c)(9). The procedures for disposing of

funds held in a frozen trust account are now located in new


                                  -3-
rule 3-7.15. At the end of what is now rule 3-5.2(c) (Trust

Accounts), the Bar proposed adding a sentence referencing the

procedures for frozen trust accounts articulated in new rule 3-7.15.

For added clarity, however, we revise the Bar’s proposal to read:

“Funds held in a frozen trust account must be disposed of in

accordance with the procedures provided elsewhere in these rules.”

     Next, we decline to amend rule 3-7.2(c) (Notice of Institution of

Felony Criminal Charges) to specify a 10-day period after entry of

an indictment or information in which a state attorney must

provide the Bar with a copy of an indictment or information if he or

she is aware a criminal defendant is a member of the Bar. The

requirement in rule 3-7.2(c) that a state attorney provide the Bar

with a copy of a charging document acts as a backstop to the rule’s

initial requirement that a member of the Bar who is the subject of

an information or indictment provide such materials to the Bar

within 10 days of their entry. That is, the requirement ensures that

the Bar is made aware of a pending criminal matter in the event a

Bar member fails to timely comply with rule 3-7.2(c). The

amendment proposed by the Bar would reduce the requirement’s

effectiveness as a backstop, since it is not clear that a state attorney


                                 -4-
would be required to provide the Bar with a copy of the charging

document if he or she becomes aware of a criminal defendant’s

status as a member of the Bar after the 10-day period. We believe

that requiring prompt provision of the charging document will be

more effective.

     New subdivision (i) (Use of Expunged or Sealed Records) is

added to rule 3-7.2. Under the new subdivision, the Bar may use

expunged or sealed arrest or court records in Bar discipline cases

that are either in its possession or obtainable. And rule 3-7.12(c)

(Judgment) is amended to add freezing of a petitioner’s trust

account and restitution to the list of conditions that may be

included in an order granting disciplinary revocation.

     Finally, as previously noted, new rule 3-7.15 now contains,

with some modifications, the procedures for disposing of funds held

in a frozen trust account that were located in rule 3-5.2. We,

however, delete from the Bar’s proposal for rule 3-7.15(a) (Effect of

Order Restricting Lawyer Trust Account) language permitting an

order freezing a lawyer’s trust account to also freeze his or her

personal and operating accounts.




                                 -5-
                          CONCLUSION

     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

November 4, 2024, 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

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

     for Petitioner




                                -6-
                             APPENDIX

RULE 3-3.4.     GRIEVANCE COMMITTEES

      The board will appoint grievance committees as provided in
this rule. Each grievance committee has the authority and
jurisdiction required to perform the functions assigned to it, which
are as follows:.

      (a) Circuit Grievance Committees. The board will appoint
at least 1 grievance committee for each judicial circuit of this state
and as many more as the board chooses. These committees will be
designated as judicial circuit grievance committees, and, in circuits
having more than 1 committee, they will be identified by
alphabetical designation in the order of creation. These committees
will be continuing bodies notwithstanding changes in membership,
and they will have jurisdiction and the power to proceed in all
matters properly before them.

      (b) Special Grievance Committees. The board may appoint
grievance committees for the purpose of investigations or specific
tasks assigned in accordance with these rules. These committees
will continue only until the completion of tasks assigned, and they
will have jurisdiction and power to proceed in all matters assigned
to them. All provisions concerning grievance committees apply to
special grievance committees, except those concerning terms of
office and other restrictions imposed by the board. Any vacancies
occurring in such a special grievance committee will be filled by the
board, and any changes in members will not affect the jurisdiction
and power of the committee to proceed in all matters properly
before it.

      (c) Membership, Appointment, and Eligibility. Each
grievance committee will be appointed by the board and must have
at least 3 members. At least one-third of the committee members
must be nonlawyers who are not current or former members of The
Florida Bar or any other state bar, including the District of
Columbia. All appointees must be of legal age and, except for
special grievance committees, must be residents of the circuit or


                                 -7-
have their principal office in the circuit. The lawyer members of the
committee must have been members of The Florida Bar for at least
5 years and in good standing and eligible to practice law in Florida
at the time of appointment to the committee.

     A member of a grievance committee must not perform any
grievance committee function when that member:

           (1) - (4)   [No Change]

     On notice of the above prohibitions, the affected members
should recuse themselves from further proceedings. The grievance
committee chair has the power to disqualify any member from any
proceeding in which any of the above prohibitions exist and are
stated orally on the record or memorialized in writing by the chair.

     (d) – (h)   [No Change]


RULE 3-5.2.      EMERGENCY SUSPENSION; AND INTERIM
                 PROBATION; INTERIM PLACEMENT ON THE
                 INACTIVE LIST FOR INCAPACITY NOT RELATED
                 TO MISCONDUCT; AND FREEZING TRUST
                 ACCOUNTS

     (a)   [No Change]

     (b) Petition for Interim Probation or Interim Placement
on the Inactive List for Incapacity Not Related to Misconduct.

            (1) Petition. The Supreme Court of Florida may issue an
order placing a lawyer on interim probation under the conditions
provided in rule 3-5.1 or placing the lawyer on the inactive list for
incapacity not related to misconduct as provided elsewhere in this
chapter on petition of The Florida Bar, authorized by its president,
president-elect, or executive director and supported by 1 or more
affidavits demonstrating facts personally known to the affiants that,
if unrebutted, would establish clearly and convincingly that



                                 -8-
conditions or restrictions on a lawyer’s privilege to practice law in
Florida are necessary to protect the public.

           (2) – (3)   [No Change]

           (4) New Cases and Existing Clients. Any order placing
a lawyer on the inactive list for incapacity not related to misconduct
under this subdivision immediately precludes the lawyer from
accepting any new cases and, unless otherwise ordered, permits the
lawyer to continue to represent existing clients for only the first 30
days after issuance of the order. Any fees paid to the lawyer during
the 30-day period must be deposited in a trust account from which
withdrawals may be made only in accordance with restrictions
imposed by the court. An order placing the lawyer on interim
probation under this subdivision may preclude the lawyer from
accepting new cases either immediately or during a time specified in
the order and may require that the lawyer deposit any fees paid to
the lawyer during a specified time period in a trust account from
which withdrawals may be made only in accordance with
restrictions imposed by the order.

            (54) Hearings on Issues Raised in Petitions for Interim
Probation. Once the Supreme Court of Florida has granted a
petition for interim probation under this rule, the referee appointed
by the court will hear the matter in the same manner as provided in
rule 3-7.6, except that the referee will hear the matter after the
lawyer charged has answered the charges in the petition for interim
probation or when the time has expired for filing an answer. The
referee will issue a final report and recommendation in an electronic
format approved by the supreme court within 90 days of
appointment. If the time limit specified in this subdivision is not
met, that portion of an emergency order imposing an interim
probation will be automatically dissolved, except on order of the
Supreme Court of Florida, provided that any other appropriate
disciplinary action on the underlying conduct still may be taken.

          (65) Review by the Supreme Court of Florida. The
Supreme Court of Florida will review and act on the referee’s
findings and recommendations regarding interim probations on


                                 -9-
receipt of the referee’s report. Briefing schedules following the
petition for review are as set forth in subchapter 3-7 of these rules.

     (c)   Trust Accounts.

           (1) Effect of Order Restricting Lawyer Trust Account.
Any order of emergency suspension, or interim probation, or interim
placement on the inactive list that restricts the lawyer in
maintaining a trust account will be served on the respondent and
any bank or other financial institution maintaining an account
against which the respondent may make withdrawals. The order
enjoins the bank or financial institution from making further
payment from the trust account or accounts on any obligation,
except in accordance with restrictions imposed by the court
through subsequent orders issued by a court-appointed referee.
Bar counsel will serve a copy of the Supreme Court of Florida’s
order freezing a lawyer’s trust account via first class mail on any
bank in which the respondent’s trust account is held. Funds held
in a frozen trust account must be disposed of in accordance with
the procedures provided elsewhere in these rules.

           (2) Appointment of Referee. The Supreme Court of
Florida will promptly appoint or direct the appointment of a referee
on determination that funds have been misappropriated from a
lawyer’s trust account as provided above.

           (3) Referee’s Authorization and Claims to Trust Funds.
The court’s order appointing a referee under this rule may authorize
the referee to determine entitlement to funds in the frozen trust
account. Any client or third party claiming entitlement to funds in
the frozen trust account must file a petition requesting release of
frozen trust account funds with the referee appointed in the case,
accompanied by proof of entitlement to the funds.

           (4) Notice by Bar. The bar will provide information to
the appointed referee from bar audits and other existing
information regarding persons claiming entitlement to frozen trust
account funds. The bar will notify persons known to bar staff in
writing via regular first class mail of their possible interest in funds


                                 - 10 -
contained in the frozen trust account. The notices will include a
copy of the form of a petition requesting release of frozen trust
account funds to be filed with the referee and instructions for
completing the form. The bar will publish in the local county or city
newspaper published where the lawyer practiced before suspension
a notice informing the public that the lawyer’s trust account has
been frozen and those persons with claims on the funds should
contact listed bar counsel within 30 days after publication
whenever possible.

           (5) Appointment and Payment of Receiver. The referee
may appoint a receiver to determine the persons rightfully entitled
to the frozen trust account funds if there are no responses to the
notices mailed and published by the bar within 90 days from the
date of the notice or if the amount in the frozen trust account is
over $100,000. The receiver will be paid from the corpus of the
trust funds unless the referee orders otherwise.

           (6) Summary Proceedings. The referee will unfreeze
trust account funds if the amount in the frozen trust account is
$5,000 or less and no persons with potential entitlement to frozen
trust account funds respond to the bar’s mailed or published
notices within 90 days from the date of the notice.

            (7) Referee Review of Frozen Trust Account Petitions.
The referee determines when and how to pay the claim of any
person entitled to funds in the frozen trust account after reviewing
the bar’s audit report, the lawyer’s trust account records, the
petitions filed, or the receiver’s recommendations. The referee may
hold a hearing if the bar’s audit report or other reliable evidence
shows that funds have been stolen or misappropriated from the
lawyer’s trust account. Subchapter 3-7 will not apply to a referee
hearing under this rule. No pleadings may be filed other than
petitions requesting release of frozen trust account funds. The
parties to this referee proceeding are those persons filing a petition
requesting release of frozen trust account funds. The bar is not a
party to the proceeding. The referee’s order is the final order in the
matter unless one of the parties petitions for review of the referee’s
order to the Supreme Court of Florida. The sole issue before the


                                - 11 -
referee is determination of entitlement to the frozen trust account
funds. The referee determines the percentage of monies missing
from the respondent’s trust account and the amounts owing to
those petitioners requesting release of frozen trust account funds.
The referee will order a pro rata distribution if there are insufficient
funds in the account to pay all claims in full.

            (8) Separate Funds in Frozen Trust Accounts. The
referee will order return of any separate funds to their rightful
owner(s) in full on the filing of a petition requesting release of frozen
trust account funds with proof of entitlement to the funds.
Separate funds are monies deposited into the respondent’s trust
account after the misappropriation, which are not affected by the
misappropriation, and funds that have been placed into a separate
segregated individual trust account under the individual client’s tax
identification number.

           (9) Review by Supreme Court of Florida. The referee’s
final order is subject only to direct petition for review by a party
claiming entitlement to the frozen trust account funds. The petition
for review must be filed within 60 days of the referee’s final order.
Briefing schedules after the petition for review is filed are set forth
in subchapter 3-7 of these rules.

     (d) – (e)   [No Change]


RULE 3-5.3.      DIVERSION OF DISCIPLINARY CASES TO
                 PRACTICE AND PROFESSIONALISM
                 ENHANCEMENT PROGRAMS

     (a) – (b)   [No Change]

     (c) Limitation on Diversion. A respondent who has been
the subject of a prior diversion is not eligible for diversion for the
same type of rule violation for a period of 5 years after the earlier
diversion. A respondent who has been the subject of a prior
diversion and then is alleged to have violated a completely different
type of rule at least 1 year after the initial diversion will be eligible


                                  - 12 -
for a practice and professionalism enhancement program. The
calculation of the time period for eligibility begins when the
respondent accepts diversion and ends when the respondent’s other
misconduct is reported to the bar.

      (d) Approval of Diversion of Cases at Staff or Grievance
Committee Level Investigations. The bar will not offer a
respondent the opportunity to divert a disciplinary case that is
pending at staff or grievance committee level investigations to a
practice and professionalism enhancement program unlessonly if
staff counsel or staff counsel’s designee, the grievance committee
chair, and the designated reviewer concur.

     (e) Contents of Diversion Recommendation. If a diversion
recommendation is approved as provided in subdivision (d), theAn
approved diversion recommendation must state theall practice and
professionalism enhancement program(s)programs to which the
respondent will be diverted, the general purpose for the diversion,
and the diversion fees costs to be paid by the respondent must pay.

      (f)   Service of Recommendation on and Review by
Respondent. If a diversion recommendation is approved as
provided in subdivision (d), theThe bar must serve thean approved
diversion recommendation on the respondent, who may accept or
reject a diversion recommendation in the same manner as provided
for review of recommendations of minor misconduct. The
respondent does not have thehas no right to reject any specific
requirement of a practice and professionalism enhancement
program.

     (g) Effect of Rejection of Recommendation by
Respondent. If a respondent rejects a diversion recommendation,
the matter will be returned for further proceedings under these
rules.

     (h)   [No Change]

     (i)   Diversion at Trial Level.



                               - 13 -
           (1) – (2)   [No Change]

           (3) Costs ofFees for Practice and Professionalism
Enhancement Program. A referee’s recommendation of diversion to
a practice and professionalism enhancement program must state
the diversion fees costs to be paid by the respondent must pay.

           (4) Appeal of Diversion Recommendation. The
respondent and the bar have the right to appeal a referee’s
diversion recommendation of diversion, except for a diversion
agreed to under subdivision (i)(1).

           (5)   [No Change]

      (j)  Effect of Diversion. When the recommendation of
diversion becomes final, the respondent must enter and complete
all requirements of the practice and professionalism enhancement
program(s) and complete their requirements. The bar thenwill
terminates its investigation into the matter and closes its
disciplinary files indicating the diversion on a respondent’s entry
into a practice and professionalism enhancement program.
Diversion into the practice and professionalism enhancement
program is not a disciplinary sanction.

     (k)   [No Change]

       (l) Effect of Failure to Complete the Practice and
Professionalism Enhancement Program. The bar may reopen its
disciplinary file and conduct further proceedings under these rules
if a respondent fails to complete all requirements of the practice and
professionalism enhancements program(s) to which the respondent
is diverted, including payment of associated costsfees. Failure to
complete the practice and professionalism enhancement program is
an aggravating factor when imposing a disciplinary sanction.

     (m) Costs ofFees for Practice and Professionalism
Enhancement Programs. The Florida Bar will annuallyperiodically
determines the costsfees of practice and professionalism



                                - 14 -
enhancement programs and publish the amount of the costs to be
assessed against and paid by a respondent must pay.

                               Comment

      As to subdivision (c) of 3-5.3, a lawyer who agreed to attend
the Advertising Workshop in 1 year would not be eligible for
diversion for an advertising violation for a period of 5 years
following the first diversion. However, that same lawyer would be
eligible to attend the Advertising Workshop 1 year and then attend
a Trust Account Workshop for a completely different violation 1 year
after the first diversion is completed.


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)   Definitions.

           (1)   [No Change]

            (2) Determination of Guilt. For the purposes of these
rules, “determination of guilt” includes those cases in which the
trial court in the criminal proceeding enters an order withholding
adjudication of the respondent’s guilt of theany offense(s) charged,
those cases in which the convicted lawyer has entered a plea of
guilty to criminal charges, those cases in which the convicted
lawyer has entered a no contest plea to criminal charges, those
cases in which the jury has rendered a verdict of guilty of criminal
charges, and those cases in which the trial judge in a bench trial
has rendered a verdict of guilty of criminal charges.

           (3)   [No Change]

     (b)   [No Change]



                                - 15 -
     (c) Notice of Institution of Felony Criminal Charges. Any
member of The Florida Bar who is the subject of a felony criminal
charge must notify the executive director of The Florida Bar of the
charges within 10 days of the filing of the indictment or information
and include a copy of the indictment or information.

      If the state attorney whose office is assigned to a felony
criminal case is aware that the defendant is a member of The
Florida Bar, theThe state attorney whose office is assigned to the
case must promptly provide a copy of the indictment or
information to the executive director of The Florida Bar if the state
attorney is aware the defendant is a member of The Florida Bar.

     (d)   [No Change]

     (e) Notice of Self-Reporting by Members of
Determination or Judgment of Guilt of All Criminal Charges. A
member of The Florida Bar must provide a copy of theany
document(s) entering a determination or judgment for any criminal
offense against that member entered on or after August 1, 2006 to
the executive director within 10 days of its entry.

      (f)   Suspension by Judgment of Guilt (Felonies). The
Florida Bar will file a “Notice of Determination or Judgment of
Guilt” or a consent judgment for disbarment or disciplinary
revocation in the Supreme Court of Florida on receiving notice that
a member of the bar has been determined to be or adjudicated
guilty of a felony. A copy of theany document(s) on which the
determination or judgment is based must be attached to the notice.
The respondent is suspended as a member of The Florida Bar as
defined in rule 3-5.1(e) on filing of the notice with the Supreme
Court of Florida and service of the notice on the respondent.

     (g)   [No Change]

      (h) Appointment of Referee. The Supreme Court of Florida
will promptly appoint or direct the appointment of a referee on the
entry of an order of suspension as provided above.



                                - 16 -
          (1) – (2)   [No Change]

           (3) Challenge to Sanctions. The respondent may
challenge the imposition of a sanction only on the grounds of
mistaken identity or whether the conduct involved constitutes a
felony under applicable law. The respondent may present relevant
character evidence and relevant matters of mitigation regarding the
proper sanction to be imposed. The respondent cannot contest the
findings of guilt in the criminal proceedings. A respondent who
entered a plea in the criminal proceedings is allowed to explain the
circumstances concerning the entry of the plea for purposes of
mitigation.

          (4) Review of Referee Report and Recommendation. The
report and recommendations of the referee may be reviewed in the
same manner as provided in rule 3-7.7 of these rules.

      (i) Use of Expunged or Sealed Records. The Florida Bar
may use sealed or expunged arrest or court records of a Florida Bar
member in a disciplinary proceeding in the bar’s possession or
obtainable by the bar regardless of the record’s expunction or
sealing.

      (ij) Appeal of Conviction. The suspension will remain in
effect during any appeal of the determination or judgment of guilt of
a felony offense in the criminal proceeding. The suspension will
remain in effect until the final disposition of the criminal cause if
remanded for further proceedings and until the respondent’s civil
rights have been restored and the respondent has been reinstated
unless modified or terminated by the Supreme Court of Florida as
elsewhere provided.

      (jk) Expunction. The Supreme Court of Florida may
expunge a sanction entered under this rule when a final disposition
of the criminal cause has resulted in acquittal or dismissal on
motion of the respondent. A respondent who is the subject of a
sanction that is expunged under this rule may lawfully deny or fail
to acknowledge the sanction, except when the respondent is a



                               - 17 -
candidate for election or appointment to judicial office, or as
otherwise required by law.

      (kl) Waiver of Time Limits. The respondent may waive the
time requirements set forth in this rule by written request made to
and approved by the referee or supreme courtthe Supreme Court of
Florida.

     (lm) Professional Misconduct in Foreign Jurisdiction.

           (1) – (2)   [No Change]

     (mn) Discipline on Removal from Judicial Office.

           (1) – (4)   [No Change]


RULE 3-7.4.      GRIEVANCE COMMITTEE PROCEDURES

     (a) – (k)   [No Change]

      (l)  Preparation, Forwarding, and Review of Grievance
Committee Complaints. If a grievance committee or the board of
governors finds probable cause, the bar counsel assigned to the
committee must promptly prepare a record of its investigation and a
formal complaint. The record before the committee consists of all
reports, correspondence, papers, or recordings provided to or
received from the respondent, and the transcript of grievance
committee meetings or hearings, if the proceedings were attended
by a court reporter. The committee may retire into executive
session to debate the issues involved and decide the action to be
taken. The formal complaint must be approved by the member of
the committee who presided in the proceeding. The board
prescribes the form of formal complaints. If the presiding member
of the grievance committee disagrees with the form of the complaint,
the presiding member may direct bar counsel to make changes. If
bar counsel does not agree with the changes, the matter is referred
to the designated reviewer of the committee for appropriate action.
When a formal complaint by a grievance committee is not referred


                                - 18 -
to the designated reviewer or is not returned to the grievance
committee for further action, theBar counsel must promptly
forward the formal complaint must be promptly forwarded to and
reviewed byto staff counsel for review. Staff counsel must review
and file the formal complaint and provide a copy to the respondent
or respondent’s counsel. Staff counsel must request the Chief
Justice of the Supreme Court of Florida to assign a referee or to
order the chief judge of the appropriate circuit to assign a referee to
try the case. A copy of the record will be made available to the
respondent at the respondent’s expense.

      If, at any time before the filing of a formal complaint, bar
counsel, staff counsel, and the designated reviewer all agree that
appropriate reasons indicate that the formal complaint should not
be filed, the case may be returned to the grievance committee for
further action.

     (m) – (o)   [No Change]


RULE 3-7.5.      PROCEDURES BEFORE THE BOARD OF
                 GOVERNORS

     (a) Review by the Designated Reviewer. NoticeBar
counsel will give the designated reviewer notice of grievance
committee action recommending either diversion to a practice and
professionalism enhancement program or finding no probable
cause, no probable cause with a letter of advice, minor misconduct,
or probable cause will be given to the designated reviewer for
review. The designated reviewer may request grievance committee
reconsideration or refer the matter to the disciplinary review
committee of the board of governors within 30 days of notice of
grievance committee action by notifying bar counsel in the matter.
The request for grievance committee reconsideration or referral to
the disciplinary review committee must be in writing and must be
submitted to bar counsel. For purposes of this subdivision, letters,
memoranda, handwritten notes, facsimile documents, and e-mail
constitute communication “in writing.”



                                 - 19 -
           (1) – (5)   [No Change]

     (b) – (d)   [No Change]

     (e) Finding of No Probable Cause. A finding of no probable
cause by the board is final, and The Florida Bar may conduct no
further proceedings may be conducted in the matter by The Florida
Bar unless a reason arises at a later time to re-open the file.

      (f)  Finding of Probable Cause. Bar counsel must promptly
forward the formal complaint to staff counsel for review on a finding
of probable cause by the board. Staff counsel must review and file
the formal complaint and provide a copy to the respondent or
respondent’s counsel. Staff counsel must request the Chief Justice
of the Supreme Court of Florida to assign a referee or to order the
chief judge of the appropriate circuit to assign a referee to try the
case.

      (fg) Control of Proceedings. Bar counsel, however
appointed, is subject to the direction of the board at all times. The
board, in the exercise of its discretion as the governing body of The
Florida Bar, has the power to terminate disciplinary proceedings
before a referee prior to the receipt of evidence by the referee,
whether these proceedings have been instituted on a finding of
probable cause by the board or a grievance committee.

      (gh) Filing Service on Board of Governors. All matters to be
filed with or served on the board must be addressed to the board of
governors and filed with the executive director.

      (hi) Custodian of Bar Records. The executive director or
histhe executive director’s designees are the custodians of theThe
Florida Bar’s official records of The Florida Bar.


RULE 3-7.10. REINSTATEMENT AND READMISSION
             PROCEDURES

     (a) – (m)   [No Change]


                                - 20 -
      (n) Readmission; Applicability. A former member who has
been disbarred, disbarred on consent, or whose petition for
disciplinary resignation or revocation has been accepted may be
admitted again only on full compliance with the rules and
regulations governing admission to the bar. No application for
readmission following disbarment, disbarment on consent, or
disciplinary resignation or revocation may be tendered until all
restitution and disciplinary costs ordered or assessed have been
paid, together with any interest accrued.

           (1) – (2)   [No Change]

                                Comment
                               [No Change]


RULE 3-7.11. GENERAL RULES OF PROCEDURE

     (a) – (c)   [No Change]

     (d) Issuance of Subpoenas. Subpoenas for witnesses’
attendance and the production of documentary evidence, except
before a circuit court, must be issued as follows.

           (1) – (7)   [No Change]

           (8) Assistance to Other Lawyer Disciplinary
Jurisdictions. On receipt of a subpoena certified to be issued under
the rules or laws of another lawyer disciplinary jurisdiction, the
executive director may issue a subpoena directing a person
domiciled or found within the state of Florida to give testimony or
produce documents or other evidence for use in the other
jurisdiction’s lawyer disciplinary proceedings as directed in the
subpoena of the other jurisdiction. The practice and procedure
applicable to subpoenas issued under this subdivision will be that
of the other jurisdiction, except that:

                 (A)   [No Change]


                                  - 21 -
               (B) compliance with any subpoena issued
pursuant tounder this subdivision and contempt for failure in this
respect must be sought under these rules.

     (e)   [No Change]

     (f)   Contempt. When a disciplinary agency, as defined
elsewhere in these rules, finds that a person is in contempt under
these rules, that person may be cited for contempt in the following
manner.

           (1)   Generally.

                 (A) – (B)    [No Change]

                 (C)   Response to Order to Show Cause.

                       (i)    [No Change]

                    (ii) Noncompliance with a Subpoena for
Trust Account Records. Any member subject to an order to show
cause for noncompliance with a subpoena for trust accounting
records may request the Supreme Court of Florida to:

                            a.   to withhold entry of an order of
suspension, if filed within 10 days of the filing of the petition for
contempt and order to show cause, or another time the Supreme
Court of Florida may direct in the order to show cause; or

                           b.    to terminate or modify the order of
suspension at any time after the order of suspension is issued. The
Supreme Court of Florida may terminate, modify, or withhold entry
of an order of suspension if the member establishes good cause for
failure to comply with the subpoena for trust account records.

                 (D) Failure to Respond to Order to Show Cause.
On failure to timely respond to an order to show cause, the matters
alleged in the petition are deemed admitted and the Supreme Court
of Florida may enter a judgment of contempt and impose


                                  - 22 -
appropriate sanctions. Failure to respond may be an additional
basis for the Supreme Court of Florida to enter a judgment of
contempt and to impose sanctions.

                 (E) – (H)   [No Change]

           (2)   [No Change]

     (g)   [No Change]

    (h) Disqualification as Trier and Lawyer or Expert
Witness Due to Conflict.

           (1) Representation Prohibited. Lawyers may not
represent, or serve as an expert witness for, a party other than The
Florida Bar in disciplinary proceedings authorized by these rules if
they are:

                (A) currently serving on a grievance committee or
the board of governors;

                 (B)   board of governors members-elect;

                 (C)   employees of The Florida Bar; or

                (CD) former grievance committee members of a
grievance committee, former board of governors members of the
board of governors, or former Florida Bar employees of The Florida
Bar if personally involved to any degree in the matter while a
grievance committee or board of governors member of a grievance
committee or the board of governors, or while an Florida Bar
employee of The Florida Bar.

           (2) Representation Permitted With Consent by the Board
of Governors. Lawyers may represent, or serve as an expert witness
for, a party other than The Florida Bar in disciplinary proceedings
authorized by these rules only after receiving consent from the
executive director or board of governors if they are:



                                 - 23 -
                (A) former grievance committee members of a
grievance committee, former board of governors members of the
board of governors, or former Florida Bar employees of The Florida
Bar who did not participate personally in any way in the matter or
in any related matter in which the lawyer seeks to be a
representative and who did not serve in a supervisory capacity over
the matter within 1 year of the service or employment;

               (B) a partner, associate, employer, or employee of
a member of a grievance committee member, or aboard of governors
member of the board of governors, or board of governors member-
elect; or

                 (C) a partner, associate, employer, or employee of
a former grievance committee member of a grievance committee or a
former board of governors member of the board of governors within
1 year of the former member’s service on the grievance committee or
board of governors.

     (i)   [No Change]


RULE 3-7.12. DISCIPLINARY REVOCATION OF ADMISSION TO
             THE FLORIDA BAR

     (a) – (b)   [No Change]

      (c) Judgment. The Florida Bar must file with the Supreme
Court of Florida its response to the petition either supporting or
opposing the petition for disciplinary revocation within 60 days after
service of the petition on the bar. The bar’s response must be
determined by the bar’s board of governors. The bar must serve a
copy of the response on the petitioner. The Supreme Court of
Florida will consider the petition, any response, and the charges
against the petitioner. The Supreme Court of Florida may enter
judgment granting disciplinary revocation if it has been shown by
the petitioner in a proper and competent manner that granting the
petition will not adversely affect the public interest, the integrity of
the courts, the administration of justice, or the confidence of the


                                 - 24 -
public in the legal profession. The Supreme Court of Florida
otherwise will deny the petition. A judgment granting disciplinary
revocation may require that the disciplinary revocation be subject to
appropriate conditions including, but not limited to, freezing of the
petitioner’s trust account, restitution if the amount and recipient
are identifiable, requiring the petitioner to submit to a full audit of
all client trust accounts, execute a financial affidavit attesting to
current personal and professional financial circumstances, and
maintain a current mailing address with the bar for a period of 5
years after the disciplinary revocation becomes final or another time
period.

     (d) – (g)   [No Change]

                                Comment
                               [No Change]


RULE 3-7.13. INCAPACITY NOT RELATED TO MISCONDUCT

     (a) Classification and Effect of Incapacity. Whenever an
attorneyA lawyer who has not been adjudged incompetent is
incapable of practicing law because of physical or mental illness,
incapacity, or other infirmity, the attorney may be classified as an
inactive member and shall refrain from the practice of law even
thoughif the lawyer has not been adjudged incompetent and no
misconduct is alleged or proved.

      (b) Applicable Rules of Procedure. Proceedings under this
rule shallmust be processed under the Rules of Discipline in the
same manner as proceedings involving acts of misconduct, except
that emergency or interim proceedings authorized under rule 3-5.2
shallmust be processed as stated in that rule 3-5.2.

     (c) Reinstatement to Practice. A member who has been
classified as inactive under this rule may be reinstated in the same
manner as in proceedings for reinstatement after suspension for
acts of misconduct.



                                  - 25 -
      (dc) Proceedings Upon Adjudication of Incapacity or
Hospitalization Under the Florida Mental Health Act or Under
the Authority of Applicable Law. An attorneyA lawyer may be
classified as inactive and prohibited from practicing law if the
lawyer who has been adjudicated as incapacitated from the practice
of law or is hospitalized under the Florida Mental Health Act or the
authority of other applicable law concerning the capability of an
attorneya lawyer to practice law may be classified as an inactive
member and shall refrain from the practice of law. Upon receipt of
notice that a member has been adjudicated as incapacitated or is
hospitalized under the Florida Mental Health Act or the authority of
other applicable law concerning the capability of an attorney to
practice law,. The Florida Bar shallmust file a notice thereof with
the Supreme Court of Florida on receipt of information that a
member has been adjudicated as incapacitated or is hospitalized
under the Florida Mental Health Act or the authority of other
applicable law concerning the capability of a lawyer to practice law.
Thereafter, Tthe court shallthen will issue an order classifying the
member as an inactive member.

      If an order of restoration is entered by a court having
jurisdiction or the attorney is discharged from hospitalization under
the Florida Mental Health Act or the authority of other applicable
law concerning the capability of an attorney to practice law, the
attorney may be reinstated in the same manner as in proceedings
for reinstatement after suspension for acts of misconduct.

     (ed) Proceedings Upon Consent to Incapacity. An
attorneyA lawyer may consent to classification of inactive due to
incapacity not for misconduct in the same manner as provided in
rule 3-7.9 of these Rules Regulating The Florida Bar.

      (e) Effect of Incapacity. Any order placing a lawyer on the
inactive list for incapacity under this subdivision immediately
precludes the lawyer from accepting any new cases and, unless
otherwise ordered, permits the lawyer to continue to represent
existing clients for only the first 30 days after issuance of the order.
Any fees paid to the lawyer during the 30-day period must be
deposited in a trust account from which withdrawals may be made


                                 - 26 -
only in accordance with restrictions imposed by the court. An order
placing the lawyer on interim probation under this subdivision may
preclude the lawyer from accepting new cases either immediately or
during a time specified in the order and may require that the lawyer
deposit any fees paid to the lawyer during a specified time period in
a trust account from which withdrawals may be made only in
accordance with restrictions imposed by the order. After the first
30 days, the lawyer must cease practicing law.

     (f)    Misconduct. If misconduct is alleged, the bar may
determine whether it is appropriate to request placement on the
inactive list or prosecute the underlying misconduct.

     (g) Reinstatement to Practice. A member who has been
classified as inactive under this rule may be reinstated in the same
manner as in proceedings for reinstatement after suspension for
acts of misconduct. A member who has been adjudicated as
incapacitated or hospitalized under the Florida Mental Health Act or
the authority of other applicable law may be reinstated under
proceedings for reinstatement after suspension only if an order of
restoration is entered or the lawyer is discharged from
hospitalization.


RULE 3-7.15. PROCEDURES ON FROZEN TRUST ACCOUNTS

     (a) Effect of Order Restricting Lawyer Trust Account.
Any order of emergency suspension, interim probation, or interim
placement on the inactive list that restricts the lawyer in
maintaining a trust account will be served on the respondent and
any bank or other financial institution maintaining any trust
account against which the respondent may make withdrawals. The
order enjoins the bank or financial institution from making further
payment from the trust account or accounts on any obligation,
except in accordance with restrictions imposed by the court or a
court-appointed referee. Bar counsel will serve a copy of the
Supreme Court of Florida’s order freezing a lawyer’s trust account
on any bank in which the respondent’s accounts that are subject to
the order are held.


                               - 27 -
      (b) Appointment of Referee. The Supreme Court of Florida
will promptly appoint or direct the appointment of a referee on
determination that funds have been misappropriated from a
lawyer’s trust or other account as provided above.

      (c) Referee’s Authorization and Claims to Trust Funds.
The court’s order appointing a referee under this rule may authorize
the referee to determine entitlement to trust funds in any frozen
account. Any client or third party claiming entitlement to trust
funds in any frozen account must provide a petition, with
supporting documents proving entitlement to trust funds,
requesting release of frozen funds with The Florida Bar. The Florida
Bar will file the petitions and supporting documents with the
referee.

      (d) Notice by Florida Bar. The bar will provide information
to the appointed referee from bar audits and other existing
information regarding persons claiming entitlement to frozen trust
funds. The bar will notify persons known to bar staff in writing via
regular first class mail, e-mail, or other applicable means of their
possible interest in funds contained in the frozen account. The
notices will include a copy of the form of a petition requesting
release of frozen trust funds to be filed with the referee and
instructions for completing the form. The bar will publish in the
local county or city newspaper published where the lawyer
practiced before suspension a notice informing the public that the
lawyer’s account has been frozen and those persons with claims on
the funds should contact listed bar counsel within 30 days after
publication whenever possible.

      (e) Appointment and Payment of Receiver. The referee
may appoint a receiver to determine the persons rightfully entitled
to the frozen trust funds if there are no responses to the notices
mailed and published by the bar within 90 days from the date of the
notice or if the amount in the frozen account is over $100,000. The
receiver will be paid from the corpus of the trust funds unless the
referee orders otherwise.



                               - 28 -
      (f) Summary Proceedings. The referee will unfreeze the
trust funds if the amount in the frozen account is $5,000 or less
and no persons with potential entitlement to frozen trust funds
respond to the bar’s mailed or published notices within 90 days
from the date of the notice.

       (g) Referee Review of Frozen Trust Account Petitions.
The referee determines when and how to pay the claim of any
person entitled to funds in the frozen account after reviewing the
bar’s audit report, the lawyer’s trust account records, the petitions
filed, or the receiver’s recommendations. The referee may hold a
hearing if the bar’s audit report or other reliable evidence shows
that funds have been stolen or misappropriated from the lawyer’s
account. Subchapter 3-7 will not apply to a referee hearing under
this rule. No pleadings may be filed other than petitions requesting
release of frozen trust funds. The parties to this referee proceeding
are those persons filing a petition requesting release of frozen trust
funds. The bar is not a party to the proceeding. The referee’s order
is the final order in the matter unless one of the parties petitions for
review of the referee’s order to the Supreme Court of Florida. The
sole issue before the referee is determination of entitlement to the
frozen trust funds. The referee determines the percentage of
monies missing from the respondent’s trust account and the
amounts owing to those petitioners requesting release of frozen
trust funds. The referee will order a pro rata distribution if there
are insufficient funds in the account to pay all claims in full.

      (h) Separate Funds in Frozen Trust Accounts. The referee
will order return of any separate funds to their rightful owner(s) in
full on the filing of a petition requesting release of frozen trust funds
with proof of entitlement to the funds. Separate funds are monies
deposited into the respondent’s trust account after the
misappropriation, which are not affected by the misappropriation,
and funds that have been placed in a separate segregated individual
trust account under the individual client’s tax identification
number.

      (i)  Review by Supreme Court of Florida. The referee’s
final order is subject only to direct petition for review by a party


                                 - 29 -
claiming entitlement to the frozen trust funds. The petition for
review must be filed within 60 days of the referee’s final order.
Briefing schedules after the petition for review is filed are set forth
in subchapter 3-7 of these rules.


RULE 3-7.16. LIMITATION ON TIME TO OPEN INVESTIGATION

    (a) Time for Initiating Investigation of Complaints and
Re-opened Cases.

           (1) – (2)   [No Change]

            (3) Deferred Investigations. A disciplinary investigation
that began with the opening of a discipline file and bar inquiries to
a respondent within the 6-year time period as described in this rule
and was then deferred under bar policy and the Rules Regulating
The Florida Bar, is not time barred under this rule if a grievance
committee finds probable cause and the bar files its formal
complaint within 1 year after actual notice of the conclusion of the
civil, criminal, or other proceedings on which deferral was based, if
the 6-year time period would have otherwise expired.

     (b) – (d)   [No Change]




                                 - 30 -