In Re: Amendments to Rules Regulating The Florida Bar - Continuing Legal Education

Supreme Court of Florida

In Re: Amendments to Rules Regulating The Florida Bar - Continuing Legal Education

Opinion

         Supreme Court of Florida
                            ____________

                         No. SC2023-1412
                           ____________

 IN RE: AMENDMENTS TO RULES REGULATING THE FLORIDA
          BAR - CONTINUING LEGAL EDUCATION.

                        February 29, 2024

PER CURIAM.

     We recently amended Rule Regulating The Florida Bar 6-10.3

(Minimum Continuing Legal Education Standards) to reduce the

minimum number of continuing legal education credit hours

required for Bar members from 33 to 30 and to require all members

to complete a two-credit hour Florida Legal Professionalism course.

In re Code for Resolving Professionalism Referrals and Amends. to

Rule Regulating Fla. Bar 6-10.3, 
367 So. 3d 1184
 (Fla. 2023). To

bring other rules into alignment with those amendments, the Bar

has filed a petition proposing amendments to 1-3.7 (Reinstatement

to Membership), 6-10.3 (Minimum Continuing Legal Education

Standards), 6-12.3 (Requirement), 6-12.4 (Deferment and
Exemption), 20-6.1 (Generally), and 21-3.1 (Continuing Legal

Education).1

     The Florida Bar’s Board of Governors approved the proposed

amendments, and the Bar published the proposed amendments for

comment on its website.2 No comments were received.

     Having considered the Bar’s petition, we amend the Rules

Regulating The Florida Bar as proposed by the Bar. Throughout

these rules, the references to 33 credit hours are amended to 30

credit hours. Additionally, any references to 11 or 22 credit hours,

which were proportionately tied to the former 33-credit hour

requirement, are reduced accordingly. Grammatical changes are

also made to improve clarity and promote consistency throughout

the Bar Rules.

     Accordingly, we amend the Rules Regulating The Florida Bar

as reflected in the appendix to this opinion. New language is



    1. We have jurisdiction. See art. V, § 15, Fla. Const.; R.
Regulating Fla. Bar 1-12.1.

     2. The Bar published the proposed amendments for comment
in the online version rather than the print version of The Florida Bar
News to expedite the filing of this petition because the Court’s
amendments to rule 6-10.3 became effective January 8, 2024.


                                -2-
indicated by underscoring; deletions are indicated by struck-

through type. The amendments are effective as of January 8, 2024.

     It is so ordered.

MUÑIZ, C.J., and CANADY, COURIEL, GROSSHANS, FRANCIS, and
SASSO, JJ., concur.
LABARGA, J., concurs in part and dissents in part with an opinion.

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

LABARGA, J., concurring in part and dissenting in part.

     In almost all respects, I concur with today’s amendments to

the Rules Regulating The Florida Bar. However, consistent with my

dissent to the removal of “fairness and diversity” from the list of

permissible topics for continuing judicial education ethics courses, 3

I dissent to the removal of “bias elimination” from the list of

continuing legal education topics authorized under amended rule

21-3.1(d).

Original Proceeding – Florida Rules Regulating The Florida Bar

Joshua E. Doyle, Executive Director, F. Scott Westheimer,
President, Roland Sanchez-Medina, Jr., President-elect, and
Elizabeth Clark Tarbert, Division Director, Lawyer Regulation,



     3. See In re Amends. to Fla. Rule of Gen. Prac. & Jud. Admin.
2.320, 
356 So. 3d 766
, 769 (Fla. 2023) (Labarga, J., dissenting).


                                 -3-
The Florida Bar, Tallahassee, Florida,

     for Petitioner




                                -4-
                             APPENDIX

RULE 1-3.7. REINSTATEMENT TO MEMBERSHIP

   (a) Eligibility for Reinstatement. Members who have retired
or been delinquent for a period of time not in excess ofless than 5
years are eligible for reinstatement under this rule. Time will be
calculated from the daydate of the retirement or delinquency.

   Inactive members may also seek reinstatement under this rule.

   (b) [No Change]

   (c) Members Who Have Retired or Been Delinquent for Less
Than 5 Years, But More Than 3 Years. Members who have retired
or been delinquent for less than 5 years, but more than 3 years,
must complete 1110 hours of continuing legal education courses for
each year or portion of a year that the member had retired or was
deemed delinquent.

    (d) Members Who Have Retired or Been Delinquent for 5
Years or More. Members who have retired or have been deemed
delinquent for a period of 5 years or longermore will not be
reinstated under this rule and must be readmitted upon application
to the Florida Board of Bar Examiners and approval by the
Supreme Court of Florida.

   (e) – (f) [No Change]

    (g) Inactive Members. Inactive members may be reinstated to
active membership in good standing toand become eligible to
practice law in Florida by petition filed with the executive director,
in the form and as provided in (b) above, exceptsubject to the
following conditions:

      (1) If the member has been inactive for greatermore than 5
   years, has been authorized to practice law in another
   jurisdiction, and either actively practiced law in that jurisdiction
   or held a position that requires a license as a lawyer for the
   entire period of time, the member will be required to complete



                                 -5-
   the Florida Law Update continuing legal education course as
   part of continuing legal education requirements.

      (2) If the member has been inactive for greatermore than 5
   years and does not meet the requirements of subdivision (1), the
   member will be required to complete the basic skills course
   requirement and the 330-hour continuing legal education
   requirement.

      (3) [No Change]


RULE 6-10.3. MINIMUM CONTINUING LEGAL EDUCATION
STANDARDS

   (a) [No Change]

    (b) Minimum Hourly Continuing Legal Education
Requirements. Every member must complete a minimum of 30
credit hours of approved continuing legal education activity every 3
years. At least 3 of the 30 credit hours must be in approved
technology programscourses. At least 5 of the 30 credit hours must
be in approved legal ethics, professionalism, substance abuse, or
mental health and wellness programscourses; as part of the 5 credit
hours, each member must complete, during each reporting cycle,
the 2-credit hour Florida Legal Professionalism course produced by
The Florida Bar and approved by the Supreme Court of Florida.
Completion of the basic skills course that is certified as including
the curriculum of the court-approved Florida Legal Professionalism
course complies with the 2-credit hour professionalism
requirement. If a member completes more than 30 credit hours
during any reporting cycle, the excess credits cannot be carried over
to the next reporting cycle.

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

      (1) Automatic Exemption. The following are automatically
   exempt from continuing legal education requirements without
   application:



                                -6-
         (A) members of the full-time federal judiciary who are
      prohibited from engaging in the private practice of law;

         (B) justices of the Supreme Court of Florida; judges of the
      district courts of appeal, circuit courts, and county courts;
      and other judicial officers and employees as designated by
      the Supreme Court of Florida; and

         (C) inactive Florida Bar members.

      (2) Application for Exemption. A Florida Bar member may
   apply for and be granted an exemption from compliance and
   reporting of continuing legal education for:

         (1A) active military service;

         (2B) undue hardship; or

          (3C) nonresident membersresiding outside the state of
      Florida and not delivering legal services or advice on matters
      or issues governed by Florida law while a nonresident;

      (4) members of the full-time federal judiciary who are
   prohibited from engaging in the private practice of law;

      (5) justices of the Supreme Court of Florida and judges of the
   district courts of appeal, circuit courts, and county courts, and
   other judicial officers and employees as designated by the
   Supreme Court of Florida; and,

      (6) inactive members of The Florida Bar.

   (d) – (f) [No Change]

   (g) Skills Training Preadmission. The board of legal
specialization and education may approve for CLER credit a basic
skillsbasic-skills or entry levelentry-level training programcourse
developed and presented by a governmental entity for continuing
legal education requirement credit. Credit earned through
attendance at an approved course developed and presented by a
governmental entity is applicable under subdivision (b) of this rule if



                                 -7-
taken within 12 months prior tobefore admission to The Florida
Bar.

RULE 6-12.3. REQUIREMENT

   (a) Course Components. Compliance with BSCRthe basic
skills course requirement includes:

      (1) completion of a Practicing with Professionalism
   programcourse sponsored by the YLDYoung Lawyers Division,
   which must include the curriculum of the 2-credit hour Florida
   Legal Professionalism course required by rule 6-10.3(b); and

      (2) completion of 3 elective, basic,21 credit hours of Young
   Lawyers Division-sponsored substantive, basic-level continuing
   legal education programscourses sponsored by the YLD.

   (b) Time for Completion. BSCRThe basic skills course
requirement must be completed as follows:

      (1) theThe Practicing with Professionalism programcourse
   must be completed no sooner than 12 months prior tobefore or
   no later than 12 months followingafter Florida Bar admission to
   The Florida Bar; and

      (2) theThe 3 elective, basic,21 credit hours of substantive,
   basic-level continuing legal education programscourses must be
   completed during the member’s initial 3-year continuing legal
   education requirement reporting cycle assigned on Florida Bar
   admission to The Florida Bar.

RULE 6-12.4. DEFERMENT AND EXEMPTION

  (a) Deferment of Practicing with Professionalism
Requirement.

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

         (A)-(B) [No change]


                                -8-
         (C) the member is a nonresident member whose primary
     office is outside the state of Floridawho does not deliver legal
     services or advice on matters or issues governed by Florida
     law; or

        (D) [No change]

     (2) Deferment Expiration. A deferment of the requirements of
  rule 6-12.3(a)(1)Practicing with Professionalism course as
  provided under this rule expires when the Florida Bar member is
  no longer eligible for deferment. On expiration, a Florida Bar
  member must:

        (A) [No change]

        (B) attend the Practicing with Professionalism
     programcourse within 12 months of deferment expiration.

  (b) Deferment of Substantive Basic Level YLD CoursesSkills
Course Requirement.

      (1) Deferment Eligibility. A Florida Bar member of The
  Florida Bar is eligible to defer compliance with the requirements
  of rule 6-12.3(a)(2)completion of the substantive basic skills
  course requirement if:

        (A)-(B) [No change]

         (C) the member is a nonresident member whose primary
     office is outside the state of Floridawho does not deliver legal
     services or advice on matters or issues governed by Florida
     law;

        (D)-(E) [No change]

     (2) Deferment Expiration. An undue hardship deferment for
  the basic skills course requirement remains in effect for no more
  than 1 reporting cycle. A deferment of the requirements of rule
  6-12.3(a)(2) as provided under this rulesubstantive basic skills
  course requirement for all other reasons expires when the
  member is no longer eligible for deferment. On expiration, a
  Florida Bar member must:

                                -9-
         (A) [No change]

         (B) complete 3 elective, basic,21 credit hours of
      substantive, basic-level continuing legal education
      programscourses sponsored by the YLDYoung Lawyers
      Division within 24 months of deferment expiration.

   (c) Exemption.

      (1) Governmental Practice. The bar will grant an exemption
   from the 3 elective, basic,21 credit hours of substantive, basic-
   level continuing legal education programscourses sponsored by
   the YLDYoung Lawyers Division required by rule 6-12.3(a)(2) if
   athe 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. The bar will grant an exemption from
   the 3 elective, basic, 21 credit hours of substantive, basic-level
   continuing legal education programscourses sponsored by the
   YLDYoung Lawyers Division required by rule 6-12.3(a)(2) 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 330 hours of 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 20-6.1. GENERALLY

    Florida Registered Paralegals must complete a minimum of 330
hours of continuing education every 3 years, 5 hours of which must
be in legal ethics or professionalism and 3 hours of which must be
in technology. Acceptable courses include those approved for credit
by The Florida Bar, the National Association of Legal Assistants
(NALA), or the National Federation of Paralegal Associations (NFPA).
A Florida Registered Paralegal who resigns or whose status has
been revoked but is otherwise eligible for re-registration must
complete at least 110 hours of continuing education for each year
the Florida Registered Paralegal was previously registered in order

                                - 10 -
to be eligible for re-registration. The new registration will be revoked
unless the continuing education hours are completed before the re-
registration application and posted on The Florida Bar website
within 30 days of the effective date of the re-registration. The
Florida Registered Paralegal will be given a new 3-year continuing
education cycle on re-registration.

                              Comment

    Continuing education is an important component of the Florida
Registered Paralegal program and necessary to maintain the status
of a Florida Registered Paralegal. If a Florida Registered Paralegal
resigns or has had the paralegal’s status revoked at the end of a
continuing education cycle without completing the necessary hours,
the paralegal must show that the paralegal has completed a
minimum of 110 hours of continuing education for each year of the
immediately preceding term that the paralegal was registered. For
example, if the paralegal was registered for 2 years, the paralegal
must complete at least 220 hours of continuing education in order
to re-register. The courses must be completed prior to the date the
paralegal reapplies for Florida Registered Paralegal status. As an
example, assume that a Florida Registered Paralegal was given a
continuing education cycle that ran from January 1, 2011, to
January 1, 2014, and the Florida Registered Paralegal resigned or
had the paralegal’s status revoked in October 2013. If the paralegal
reapplies for Florida Registered Paralegal status in February 2014,
the paralegal must show 220 hours of continuing education credit
completed between January 1, 2011, to January 1, 2014, to be
eligible to re-register. Because a Florida Registered Paralegal must
enter all course credits on The Florida Bar’s website and access to
the portion of the website where credits are posted is not available
during the period the paralegal was not registered, the Florida
Registered Paralegal will have 30 days after re-registration to enter
the credits. Failure to timely enter the credits will result in the
Florida Registered Paralegal’s status being revoked. The Florida
Registered Paralegal will be given a new continuing education cycle
on re-registration. The purpose of this rule is to ensure that Florida
Registered Paralegals continue their education. This is meant to
avoid a situation where a Florida Registered Paralegal has not


                                 - 11 -
completed the continuing education requirement, resigns, and then
re-registers with a new 3-year cycle, having failed to complete the
requisite hours when previously registered.

   If a Florida Registered Paralegal resigns or has the paralegal’s
status revoked during the continuing education cycle, the cycle will
not reset. For example, assume a Florida Registered Paralegal has a
continuing education cycle beginning January 1, 2011, and ending
January 1, 2014. The Florida Registered Paralegal’s status is
revoked in October 2012, for failure to pay the annual renewal. If
the paralegal reapplies and is re-registered in December 2012, the
continuing education cycle will remain the same, and the Florida
Registered Paralegal will have until January 1, 2014, to complete
the necessary hours.

RULE 21-3.1. CONTINUING LEGAL EDUCATION

   (a) – (b) [No Change]

   (c) Florida Legal Professionalism Course. A lawyer certified to
practice law in Florida as a military spouse must complete the 2-
credit hour Florida Legal Professionalism Course required in rule 6-
10.3(b) within one year after certification and must complete the
current approved Florida Legal Professionalism Course within three
years after certification.


   (cd) Minimum Ongoing Requirement. A lawyer certified to
practice law in Florida as a military spouse must complete 110
hours of continuing legal education during each year the
authorization is renewed, including 1 hour of technology and 2
hours of legal ethics, professionalism, bias elimination, substance
abuse, or mental health and wellness each year.




                               - 12 -


Reference

Status
Published