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May 1, 2004 Notices

first_imgIn Amendments to Florida Supreme Court Approved Family Law Forms- Sexual Violence Forms, No. SC04-132 (Fla. March 25, 2004), the Florida Supreme Court adopted extensive amendments to the Florida Supreme Court Approved Family Law Forms governing domestic, repeat, and dating violence.The Court created the following new forms: Form 12.980(q), Petition for Injunction for Protection Against Sexual Violence; Form 12.980(r), Temporary Injunction for Protection Against Sexual Violence; Form 12.980(s), Final Judgment of Injunction for Protection Against Sexual Violence (After Notice). The Court stated that the new forms are necessary due to 2003 legislation that created a new cause of action for protection against sexual violence. See ch. 2003-117, §2, at 733-740, Laws of Fla. The Court deleted Form 12.980(a), Affidavit and Motion for Waiver of Fees for Petition for Injunction for Protection Against Repeat Violence or Dating Violence, in response to 2003 legislation that prohibited the assessment of fees for the filing of petitions for protection against repeat, dating, and sexual violence. See ch. 2003-117, §2, at 735, Laws of Fla. Further, the Court amended the following existing forms to incorporate the new cause of action for sexual violence and/or the prohibition against the assessment of fees for the filing of petitions for protection against repeat, dating, and sexual violence: 12.980(b), Petition for Injunction for Protection Against Domestic Violence; Form 12.980(c)(1), Order Setting Hearing on Petition for Injunction for Protection Against Domestic Violence, Repeat Violence, or Dating Violence Without Issuance of an Interim Temporary Injunction; Form 12.980(c)(2), Order Denying Petition for Injunction for Protection Against Domestic Violence, Repeat Violence, or Dating Violence; Form 12.980(d)(1), Temporary Injunction for Protection Against Domestic Violence With Minor Child(ren); Form 12.980(d)(2), Temporary Injunction for Protection Against Domestic Violence Without Minor Child(ren); Form 12.980(e)(1), Final Judgment of Injunction for Protection Against Domestic Violence with Minor Child(ren) (After Notice); Form12.980(e)(2), Final Judgment of Injunction for Protection Against Domestic Violence Without Minor Child(ren) (After Notice); Form 12.980(f), Order of Dismissal of Temporary Injunction for Protection Against Domestic Violence, Repeat Violence, or Dating Violence; Form 12.980(g), Petition for Injunction for Protection Against Repeat Violence; Form 12.980(h), Supplemental Affidavit in Support of Petition for Injunction for Protection Against Domestic Violence, Repeat Violence, or Dating Violence; Form 12.980(i), Petitioner’s Request for Confidential Filing of Address; Form 12.980(j), Motion for Extension of Injunction for Protection Against Domestic Violence, Repeat Violence, or Dating Violence; Form 12.980(k), Motion for Modification of Injunction for Protection Against Domestic Violence, Repeat Violence, or Dating Violence; Form 12.980( l ), Temporary Injunction for Protection Against Repeat Violence; Form 12.980(m), Final Judgment of Injunction for Protection Against Repeat Violence (After Notice); Form 12.980(n), Order Extending Injunction for Protection Against Domestic Violence, Repeat Violence, or Dating Violence; Form 12.980(o), Petition for Injunction for Protection Against Dating Violence; Form 12.980(p), Temporary Injunction for Protection Against Dating Violence; Form 12.980(q), Final Judgment of Injunction for Protection Against Dating Violence (After Notice); Form 12.980(r), Petition by Affidavit for Order to Show Cause for a Violation of Final Judgment of Injunction for Protection Against Domestic Violence, Repeat Violence, or Dating Violence; Form 12.980(s), Order to Show Cause. Finally, the Court made unrelated, minor technical changes to the above mentioned forms as well as to Form 12.931(a), Notice of Production from Nonparty, and Form 12.931(b), Subpoena for Production of Documents from Nonparty. The new and amended forms became effective immediately because the legislative amendments became effective on July 1, 2003. See ch. 2003-117, §3, at 740, Laws of Fla.The Court invites all interested persons to comment on the new and amended forms, which are reproduced online at www.flcourts.org/sct/sctdocs/proposed.html. An original and nine copies of all comments must be filed with the Court on or before June 1, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. All comments must be filed in paper format and in WordPerfect 5.1 (or higher) format on a DOS formatted 3-1/2 inch diskette.Rules of Judicial Administration amendments Under Rule 2-9.3 (b) – (e), Rules Regulating The Florida Bar, active members of the Bar may file a specific objection to any legislative position adopted by the Board of Governors.Objections properly filed within 45 days of this News issue will be considered for a refund of that portion of mandatory membership fees applicable to the contested legislative position, within an additional 45 days. The Bar’s governing board has the option to grant the appropriate refund to an objector or to refer the matter to arbitration.The arbitration process will determine solely whether the legislative position is within those acceptable activities for which compulsory membership fees may be used under applicable constitutional law. The objecting member’s fees allocable to the contested legislative position will be escrowed promptly upon receipt of the objection, and any refund will bear legal interest.Any active member may provide written notice to the executive director of The Florida Bar, setting forth an objection to a particular legislative position. Failure to object within 45 days of this News issue will constitute a waiver of any right to object to a particular legislative position within this notice.The policy requires the Bar to notice such legislative positions in the next available News issue following their adoption.Pursuant to Standing Board Policy 9.20, on April 2 the Board of Governors approved the following positions of The Florida Bar:13. The Florida Bar favors the most restrictive limitations on lawyer advertising consistent with constitutional requirements.14. Supports the continuation of status quo funding for legal aid programs, through reactivation of local optional filing fee service charges within F.S. Ch. 28 & 34 which were abolished effective July 1, 2004 through passage of Ch. 2003-402, Laws of Florida.15. Supports the continuation of status quo funding for law libraries, through reactivation of local optional filing fee service charges within F.S. Ch. 28 & 34 which were abolished effective July 1, 2004 through passage of Ch. 2003-402, Laws of Florida.Appointments to be filled in May In Amendments to Florida Supreme Court Approved Family Law Forms- Stepparent Adoption Forms, No. SC04-104 (Fla. Mar. 25, 2004), the Florida Supreme Court adopted extensive amendments to the Florida Supreme Court Approved Family Law Forms governing stepparent adoptions.Legislation enacted in 2003 eliminated the requirement that petitioners in stepparent, relative, and adult adoptions file a separate termination of parental rights proceeding pending adoption, and the requirement that parents of adult adoptees provide consent to the adoption. See Ch. 2003-58, §12 at 478, § 7 at 494, Laws of Fla. Consistent with these amendments, the Court deleted the following forms: Form 12.981(a)(1), Petition to Terminate Parental Rights Pending Stepparent Adoption; Form 12.981(a)(6), Notice of Petition to Terminate Parental Rights Pending Stepparent Adoption and Notice of Hearing; Form 12.981(a)(7), Final Judgment Terminating Parental Rights Pending Stepparent Adoption; Form 12.981(c)(3), Stepparent Adoption: Consent of Adult Adoptee’s Birth Parent(s). Further, legislation enacted in 2003 requires the petitioner in each termination of parental rights proceeding or adoption under chapter 63 to search the Putative Father Registry, see ch. 2003-58, §11 at 471, Laws of Fla. Because section 63.0541, Florida Statutes (2003), contains a public records exemption for the Putative Father Registry and provides that information made confidential may be disclosed upon issuance of a court order concerning a petitioner acting pro se, the Court created the following new forms: Form 12.981(a)(6), Motion for Search of the Putative Father Registry; Form 12.981(a)(7), Order Granting Motion for Search of the Putative Father Registry. Finally, the Court incorporated the aforementioned legislative changes into, and made additional less significant amendments consistent with the 2003 legislation to, the following existing forms: Form 12.981(a)(2), Termination of Parental Rights Pending Stepparent Adoption: Consent and Waiver by Parent; Form 12.981(a)(3), Stepparent Adoption: Consent of Adoptee; Form 12.981(a)(4), Affidavit of Nonpaternity; Form 12.981(a)(5), Termination of Parental Rights Pending Stepparent Adoption: Affidavit of Diligent Search; Form 12.981(a)(8), Indian Child Welfare Act Affidavit; Form 12.981(b)(1), Joint Petition for Adoption by Stepparent; Form 12.981(b)(2), Final Judgment of Stepparent Adoption; Form 12.981(c)(1), Petition for Adoption of Adult by Stepparent; Form 12.981(c)(2) Stepparent Adoption: Consent of Adult Adoptee’s Spouse. The new and amended forms became effective immediately because the legislative amendments became effective on May 30, 2003. See ch. 2003-58, § 39, at 523, Laws of Fla.The Court invites all interested persons to comment on the new and amended forms, which are reproduced online at www.flcourts.org/sct/sctdocs/proposed.html. An original and nine copies of all comments must be filed with the Court on or before June 1, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. All comments must be filed in paper format and in WordPerfect 5.1 (or higher) format on a DOS formatted 3-1/2 inch diskette.Florida Sexual Violence Forms amended The 13th Circuit Judicial Nominating Commission is now accepting applications for a circuit vacancy created by the death of Judge Robert J. Simms.Applicants must be residents of Hillsborough County, registered voters, and a member of The Florida Bar in good standing for the past five years.Applications may be downloaded from The Florida Bar’s Web site at www.flabar.org or picked up from the office of C. Howard Hunter, JNC Chair, 101 E. Kennedy Blvd., Suite 3700, Tampa 33602, any time between 8:30 a.m. and 5 p.m., Monday through Friday.An original and nine copies of the complete application and supplements A and B must be received by Hunter no later than 5 p.m., May 10. Applications which are not complete will not be considered.Hamilton County judgeship available The Transportation Lawyers Association will hold its 2004 annual conference June 1-5 at The Breakers in Palm Beach in conjunction with the Canadian Transport Lawyers’ Association Mid-Year Meeting.The agenda will focus on legal issues affecting international trade and transportation, including security and other cross-border issuesFor more information about TLA and its annual conference visit www.translaw.org.Board approves Bar budget amendments The Board of Governors is seeking applicants for the following vacancies to be filled during its May 28 meeting: ABA House of Delegates: Three lawyers (one under 35 delegate) to serve two-year terms commencing August 11 at the conclusion of the ABA Annual Meeting in Atlanta. Applicants must also be ABA members. Florida Legal Services, Inc., Board of Directors: Five lawyers to serve two-year terms commencing July 1. This is a 21-member board that provides civil legal assistance to indigent persons. Florida Lawyers Assistance, Inc., Board of Directors: Four lawyers and one nonlawyer to serve three-year terms commencing July 1. This 15-member board assists the legal community in securing counseling and treatment for emotional and chemical dependency problems for lawyers. Florida Medical Malpractice Joint Underwriting Association Board of Governors: One lawyer to serve a two-year term commencing July 1. This is a nine-member board of governors that develops a means of obtaining loss and expense experience in medical malpractice issues. Supreme Court’s Judicial Ethics Advisory Committee: One attorney to serve a four-year term commencing July 1, 2004. This is a 12-member committee that renders written advisory opinions to inquiring judges concerning the propriety of contemplated judicial and non-judicial conduct.Persons interested in applying for any of these vacancies may download the Application for Special Appointment from the Bar’s Web site, www.flabar.org, or should call Bar headquarters at(850) 561-5600, ext. 5757, to obtain the application form. Applications may also be obtained by writing the Executive Director, The Florida Bar, 651 East Jefferson Street, Tallahassee 32399-2300. Completed applications must be received by the executive director no later than 5:30 p.m. May 7. Resumes will not be accepted in lieu of the required application. The Board of Governors will review all applications and may request telephone or personal interviews.13th JNC seeks judicial applicants Improved security at the Bar headquarters in Tallahassee and helping pay for the upcoming Florida Supreme Court celebration of Brown v. Board of Education were the subjects of budget amendments at the recent Board of Governors meetings.The board accepted Budget Committee recommendations to spend $53,000 improving security at the Bar and $1,700 to help co-sponsor the May 17 ceremonial session and reception honoring the 50th anniversary of the Brown decision.The board acted at its April 2 meeting.Proposed Board actions May 1, 2004 Notices Notices Board takes legislative positions The Third Circuit Judicial Nominating Commission is now accepting applications to fill a vacancy on the Hamilton County bench as a result of the death of County Judge David E. Bembry.Applicants must be members of the Bar in good standing, registered voters, and must reside in Hamilton County upon assuming office.Applications may be obtained from Guy W. Norris, JNC Chair, 253 N.W. Main Blvd., Lake City 32055, phone (386) 752-7240. Applications may also be obtained from The Florida Bar Web site at www.flabar.orgAn original and nine copies of the completed application must be received by Norris no later than 2 p.m. May 6. In the past, applicants who failed to strictly comply with the application deadline and filing requirements were treated as if they had not applied at all. Interviews will be held May 17 in the Hamilton County Courthouse in Jasper.Florida Family Law Forms amended The Rules of Judicial Administration Committee invites comment on the proposed out-of-cycle amendment to the Florida Rules of Judicial Administration shown below. The full text of the proposal can be found on The Florida Bar’s Web site at www.flabar.org. Interested persons have until June 1, 2004, to submit comments to Stanford R. Solomon, Chair, Rules of Judicial Administration Committee, 400 N. Ashley Dr., Ste. 3000, Tampa 33602-4331.Transportation lawyers to meet Pursuant to Standing Board Policy 1.60, the Board of Governors of The Florida Bar hereby publishes this notice of intent to consider or take final action at its May 28, 2004 meeting on the following items. These matters are additionally governed by Rule 1-12.1, Rules Regulating The Florida Bar, where applicable.Most amendments to the Rules Regulating The Florida Bar that are finally acted upon by the board must still be formally presented to the Supreme Court of Florida, with further notice and opportunity to be heard, before they are officially approved and become effective.To receive a full copy of the text of any of these proposed amendments call (850) 561-5751 — reference any requested proposal by its title or item number and date of this publication. RULES REGULATING THE FLORIDA BAR Chapter 3 Rules of Discipline Subchapter 3-7 Procedures 1. Rule 3-7.2 Procedures Upon Criminal or Professional Misconduct; Discipline Upon Determination or Judgment of Guilt of Criminal MisconductSummary: Within subdivisions (b) and (c) extends conclusive proof provisions from felony cases to all criminal cases and requires a member of the bar who is arrested to give notice of the arrest to the executive director; also within subdivision (f), adds language stating that a petition to modify or terminate a suspension due to criminal conviction may only challenge the jurisdiction of the criminal court proceeding or the validity of the criminal proceedings due to a denial or lack of due process; amends subdivision titles accordingly. 2. Rule 3-7.10 Reinstatement and Readmission ProceduresSummary: Within subdivision (g), requires petitioner to allow inquiry into petitioner’s history of treatment or counseling of chemical or alcohol dependency or a medical condition that adversely affects the petitioner’s fitness to practice, but provides that if such information is confidential, that confidentiality may be preserved by sealing that portion of the record; also within subdivision (l)(4) clarifies that “groups” as well as “persons” may respond to a petition for reinstatement and direct comments to bar counsel. 3. Rule 3-7.11 General Rule of ProcedureSummary: Within subdivision (f), revises and restates procedure for processing contempt actions to provide 1 procedure in all contempt matters; also provides procedure to institute proceedings, requires responses within court-established timelines, allows bar reply; permits assignment of a referee to develop factual record and clarifies that any proceedings before a referee are processed under the Rules Regulating The Florida Bar; deletes subdivision (g) and incorporates the contents therein within subdivision (f); reorganizes subdivisions accordingly; within new subdivision (g), provides that if the bar has court reporters as employees and a respondent objects to their service, the respondent is required to compensate the bar for the cost of hiring an independent court reporter. Chapter 4 Rules of Professional Conduct Subchapter 4-1 Client-Lawyer Relationship 4. Rule 4-1.5 Fees for Legal ServicesSummary: Within subdivision (e) and comment, adds language clarifying that the fact that a fee contract may not be in accord with Rules Regulating The Florida Bar is an issue between lawyer and client, and a matter of professional ethics – not a basis for any action or defense by an opposing party in the attendant litigation. Subchapter 4-7 Information About Legal Services 5. Rule 4-7.7 Evaluation of AdvertisementsSummary: Within subdivision (b)(5), increases the filing fee for the evaluation of lawyer advertisements, from $100 to $150. Subchapter 4-8 Maintaining the Integrity of the Profession 6. Rule 4-8.1 Bar Admission and DisciplineSummary: Adds new subdivision (c) and comment to specify that an applicant for admission or a lawyer in connection with an admission or disciplinary matter shall not commit an act that adversely reflects on the applicant’s fitness to practice law; further specifies that an applicant who commits such an act before admission, but which is discovered thereafter, is subject to discipline under the Rules Regulating The Florida Bar. Chapter 6 Legal Specialization and Education Programs Subchapter 6-3 Florida Designation Plan 7. Rule 6-3.5 Standards for CertificationSummary: Adds new provision allowing attorneys applying for certification in international law to count the international practice of law as up to 3 of the 5 years required for certification. Chapter 9 Legal Services Plans Subchapter 9-2 Requirements 8. Rule 9-2.2 Form and Content of Plan ApplicationSummary: Within subdivision (e), increases the prepaid legal services plan application fee from $50 to $125. Chapter 10 Rules Governing the Investigation and Prosecution of the Unlicensed Practice of Law Subchapter 10-2 Definitions 9. Rule 10-2.1 GenerallySummary: Clarifies what legal forms are Supreme Court-approved forms for purposes of the rule. 10. ABA MODEL RULESSummary: Chapters 4 and 5 of the Rules Regulating The Florida Bar revised throughout based on the final report of the Special Committee to Review the ABA Model Rules 2002. The proposed changes conform to the recommendations of the ABA Ethics 2000 Commission report. The full report including proposed changes in legislative format can be found on the bar’s website under Organization – Committees – Special Subchapter 4-1 4-1.1 4-1.2 4-1.3 4-1.4 4-1.5 4-1.6 4-1.7 4-1.8 4-1.9 4-1.10 4-1.11 4-1.12 4-1.13 4-1.14 4-1.15 4-1.16 4-1.17 4-1.18 Subchapter 4-2 4-2.1 4-2.2 4-2.3 4-2.4 Subchapter 4-3 4-3.1 4-3.2 4-3.3 4-3.4 4-3.5 4-3.6 4-3.7 4-3.8 4-3.9 Subchapter 4-4 4-4.1 4-4.2 4-4.3 4-4.4 4-5.1 4-5.2 4-5.3 4-5.4 4-5.5 4-5.6 4-5.7 Subchapter 4-6 4-6.1 4-6.2 4-6.3 4-6.4 4-6.5 Subchapter 4-7 4-7.1 4-7.2 4-7.3 4-7.4 4-7.5 4-7.6 4-7.7 4-7.8 4-7.9 4-7.10 4-7.11 Subchapter 4-8 4-8.1 4-8.2 4-8.3 4-8.4 4-8.5 4-8.6 Chapter 5 Subchapter 5-1 5-1.1 5-1.2 BOARD OF LEGAL SPECIALIZATION AND EDUCATION POLICIES 200 Series Florida Certification Plan 11. BLSE Policy 2.04 Certification Annual FeeSummary: Within subdivisions (c) and (f), adds new policy to assess $50 late fee for annual fee payments more than 45 days late and increases the annual fee and recertification file extension fees from $100 to $125. 12. BLSE Policy 2.11 Exam Preparation and AdministrationSummary: Within subdivision (e), replaces “approved” with “eligible” to describe certification candidates found to have satisfied the application criteria sufficient to sit for examination. 600 Series Florida Continuing Legal Education Education Requirements 13. BLSE Policy 6.03 Calculation and Allowance of Educational CreditSummary: Within subdivision (c), updates policy language to include reference to “mental illness awareness” component of CLER. 700 Series Basic Skills Course RequirementSummary: Re-write of BSCR policies to conform to current practice and to reflect corrections consistent with existing rules; removes duplicative rule 6-12 language; cites specific references to the rules to eliminate the necessity for further policy revisions upon changes to the rule; eliminates annual reporting of deferral entitlement; eliminates hearing procedures for noncompliance; adjusts delinquency reinstatement fee consistent with rule 1-3.7(b); adds reinstatement provisions consistent with rule 1-3.7(c) through (e); and, eliminates reference to the rules of procedure and burden of proof required in proceedings before BLSE. 14. Policy 7.01 Administration 15. Policy 7.02 Deferment 16. Policy 7.03 Exemption 17. Policy 7.05 Procedures on Noncompliance and Appeal 18. Policy 7.06 Reinstatement 19. Policy 7.08 Rules of Procedure and Burden of Proof BYLAWS 20. Elder Law SectionSummary: Within Article II (Membership) revises the definition of affiliate members by deleting graduates of any law school, legal assistants, and public members; also adds and defines “at large”membership in the section; within Article III (Officers) adds that the chair-elect shall serve as chair of the legislative committee, and clarifies that the chair-elect automatically becomes chair at the conclusion of duties, without election; within Article IV (Executive Council) revises membership to include past chairs for the 5 preceding years rather than just the immediate past chair; also adds at large members, if any, to the council; within Article V (Committees) deletes from the administrative division group the coordination & liaison committee and the public & member information committee; also deletes from the substantive division group the home & community-based services for the elderly & residency issues committee and the health care committee; retitles estate & financial planning committee, to be the estate planning & advance directives committee, and revises committee scope accordingly; adds medicaid committee to the substantive group; clarifies scope of government benefits committee, to exclude medicaid issues; within Article VI (Meetings) clarifies that advance notice of meetings shall be at least 15 days and may include regular modes of electronic communication used by the section; within Article VIII (Miscellaneous) clarifies that compensated contractual services require the approval of the executive committee, and adds a procedure for approval of bylaw amendments by the executive council. Reorganizes throughout to conform to latest guideline. 21. Government Lawyer SectionSummary: Within Article III (Officers) – deletes provisoins for nominating officers by petition but adds provision for nominations from the floor at the annual meeting, deletes provision whereby the section chair appoints the section secretary and treasurer, and revises outdated references to “convention” to read “annual meeting;” within Article IV (Executive Council) allows meetings by conference call, adds all past section chairs as eligible members of executive council, allows chairs of special committees as eligible for executive council membership, and deletes provision for nominating executive council members by petition but adds new election procedures for utilization at annual meeting; within Article V (Meetings) specifies quorum and voting requirements for annual and regular meetings of executive council, authorizes conference call attendance at regular meetings; and within Article VI (Committees) deletes pro bono services committee. 22. Labor & Employment Law SectionSummary: Within Article V (Terms of Officers and Executive Council Members, etc) adds requirements for those seeking the offices of chair of both the CLE Committee and CLE Subcommittee. 23. Young Lawyers DivisionSummary: Within Article IV (Election of Division Officers) revises voting timelines for office of president-elect, effectively shortening the process by 1 month in most instances; within Article V (Board of Governors) deletes provisions requiring automatic removal of board members for lack of attendance, and substitutes new provision allowing removal for cause by resolution of the board adopted by two-thirds vote of the entire membership; revises subdivision title accordingly, from “Lack of Attendance,” to “Removal.”Corrected YLD PWP amendments May 1, 2004 LAWS Notices The Board of Governors of The Florida Bar hereby publishes this corrected notice of intent to file with the Supreme Court of Florida, on or about June1, 2004, a petition to amend the Rules Regulating The Florida Bar. Rule 1-12.1, Rules Regulating The Florida Bar, governs such matters.The revised verbiage corrects the January 1, News notice of the Bar’s intention to petition for amendment of Rules 6-12.3 & 6-12.4 regarding the basic skills course requirement. A scrivener’s error appeared within the published revisions to Rule 6-12.4(c)(1) as proposed, which were intended to codify certain grandfather components of the rule affecting government attorneys. The revised entry is now consistent with all other recommended changes within the rule and commentary.The full text of the proposed amendments is printed in its entirety below. A copy of the petition will be available on the Bar’s Web site ( www.flabar.org ) and the court’s Web site ( www.flcourts.org ) after the petition has been filed. If you do not have Internet access, you may request a copy by contacting the Office of the General Counsel, The Florida Bar, 651 Jefferson East Street, Tallahassee 32399-2300 or calling (850) 561-5600, ext. 5751.Members who desire to comment on these proposed amendments may do so within 30 days of the filing of the Bar’s petition. Comments should be filed directly with the clerk of the Supreme Court of Florida, and a copy must be served on the executive director of The Florida Bar. RULES REGULATING THE FLORIDA BAR CHAPTER 6. LEGAL SPECIALIZATION AND EDUCATION PROGRAMS *** SUBCHAPTER 6-12. BASIC SKILLS COURSE REQUIREMENT *** RULE 6-12.3 REQUIREMENT (a) Course Components. Compliance with BSCR shall include in-person attendance at:(1) the a 1-day Practicing with Professionalism program sponsored by the YLD; and(2) 2 3 elective, basic, substantive continuing legal education programs sponsored by the YLD. (b) Time for Completion. BSCR shall be completed as follows:(1) the Practicing with Professionalism program shall be completed no sooner than 8 12 months prior to or no later than 12 months following admission to The Florida Bar; and(2) the 2 3 elective, basic, substantive continuing legal education programs shall be completed during the member’s initial 3-year continuing legal education requirement reporting cycle assigned upon admission to The Florida Bar. RULE 6-12.4 DEFERMENT AND EXEMPTION (a) Deferment of Practicing with Professionalism Requirement . (1) Deferment Eligibility . A member of The Florida Bar is eligible to defer compliance with the BSCR requirements of rule 6-12.3(a)(1), if:( 1 A ) the member is on active military duty;( 2 B ) compliance would create an undue hardship;( 3 C ) the member is a nonresident member whose primary office is outside the state of Florida; or (4) the member is a full-time governmental employee; or( 5 D ) the member elects inactive membership status in The Florida Bar.( b 2 ) Deferment Expiration. A deferment of the requirements of rule 6-12.3(a)(1) as provided under this rule shall expire at the time the member is no longer eligible for deferment. Upon expiration, a member must:( 1 A ) promptly notify The Florida Bar in writing of the date deferment expired; and( 2 B ) attend the Practicing with Professionalism program within 12 months of deferment expiration ; and (3) attend 2 elective, basic, substantive continuing legal education programs sponsored by the YLD within 24 months of deferment expiration. (b) Deferment of Basic Level YLD Courses.(1) Deferment Eligibility. A member of The Florida Bar is eligible to defer compliance with the requirements of rule 6-12.3(a)(2) if:(A) the member is on active military duty;(B) compliance would create an undue hardship;(C) the member is a nonresident member whose primary office is outside the state of Florida;(D) the member is a full-time governmental employee; or(E) the member elects inactive membership status in The Florida Bar.(2) Deferment Expiration. A deferment of the requirements of rule 6-12.3(a)(2) as provided under this rule shall expire at the time the member is no longer eligible for deferment. Upon expiration, a member must:(A) promptly notify The Florida Bar in writing of the date deferment expired; and(B) attend 3 elective, basic, substantive continuing legal education programs sponsored by the YLD within 24 months of deferment expiration. (c) Exemption. An exemption from rule 6-12.3(a)(2) shall be granted if:(1) Governmental Practice. An exemption from rule 6-12.3(a)(2) shall be granted if a member has been continuously engaged in the practice of law for a Florida or federal governmental entity as a full-time governmental employee for a period of at least 6 years. (2) Foreign Practice . An exemption from rule 6-12.3(a)(2) shall be granted if a member has been continuously engaged in the practice of law (non-governmental) in a foreign jurisdiction for a period of 5 years ; (2) within the immediate 3-year period, the member , can demonstrate completion of 30 hours of approved continuing legal education ; within the immediate 3-year period, and (3) the member can attest s that the continuing legal education completed has reasonably prepared the member for the anticipated type of practice in Florida. Comment In [ Case Citation ] the Supreme Court of Florida accepted changes to rule 6-12.3 that were proposed by The Florida Bar and which, effective [ insert Implementation Date ], made lawyers who were engaged in a government practice for 6 years or more additionally exempt from the continuing legal education component of the Basic Skill Course Requirement. Further changes within those bar proposals, however, eliminated for any “full-time governmental employee” the deferment of the Practicing with Professionalism (hereinafter PWP) component of the BSCR. To accommodate that latter change, the bar requested – and the court accepted – a scheduled implementation of the revision whereby all such government lawyers who had benefitted from the deferral as of its [ insert Implementation Date ] elimination, would still be entitled to defer the Practicing with Professionalism component of the BSCR as long as they continuously remained in government practice. In addition, the court accepted the bar’s willingness to administer that [ Implementation Date ] change so that any government lawyer then deferred from PWP and who had already or thereafter served 6 years or more in a governmental practice would be granted exemption from PWP. This comment memorializes those accommodations agreed to by the bar in its administration of these [ insert Implementation Date ] rule changes.last_img

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