In Re: Amendments to Rules Regulating The Florida Bar - Chapters 3 and 14

Supreme Court of Florida
____________

No. SC2022-1293
____________

IN RE: AMENDMENTS TO RULES REGULATING THE FLORIDA
BAR—CHAPTERS 3 AND 14.

September 7, 2023
CORRECTED OPINION

PER CURIAM.

The Florida Bar (Bar) petitions the Court to amend seventeen

rules within chapters 3 and 14 of the Rules Regulating The Florida

Bar. 1 With some modifications, we adopt the amendments

proposed by the Bar.

BACKGROUND

The Bar proposes amending existing rules 3-2.1 (Generally), 3-

5.1 (Generally), 3-5.2 (Emergency Suspension and Interim

Probation or Interim Placement on the Inactive List for Incapacity

Not Related to Misconduct), 3-5.3 (Diversion of Disciplinary Cases

1. We have jurisdiction. See art. V, § 15, Fla. Const.; see also
R. Regulating Fla. Bar 1-12.1.
to Practice and Professionalism Enhancement Programs), 3-6.1

(Generally), 3-7.1 (Confidentiality), 3-7.3 (Review of Inquiries,

Complaint Processing, and Initial Investigatory Procedures), 3-7.4

(Grievance Committee Procedures), 3-7.6 (Procedures Before a

Referee), 3-7.7 (Procedures Before Supreme Court of Florida), 3-7.9

(Consent Judgment), 3-7.10 (Reinstatement and Readmission

Procedures), 3-7.12 (Disciplinary Revocation of Admission to The

Florida Bar), 3-7.16 (Limitation on Time to Open Investigation), 14-

1.2 (Jurisdiction), 14-4.1 (Arbitration Proceedings), and 14-5.2

(Effect of Agreement to Arbitrate and Failure to Comply).

Each proposal was approved by the Board of Governors

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. One comment was received from

the Public Interest Law Section of the Bar on the proposed

amendments to rule 3-7.16. The Bar filed a response to the

comment.

Having considered the Bar’s petition, the proposed

amendments, the comment filed, and the Bar’s response to the

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comment, we adopt the Bar’s proposed amendments to the Rules

Regulating The Florida Bar with some modifications. We explain

the modifications below, along with some of the more significant

rule changes.

AMENDMENTS

First, rules 3-5.2, 3-7.6, 3-7.7, 3-7.10, and 3-7.12 are

amended to require the electronic filing of petitions, pleadings, and

other documents in Bar disciplinary matters.

Next, we decline to delete from rule 3-5.1(d) the requirement

that public reprimands be published in the Southern Reporter.

Publication in the reporter remains integral to ensuring that a

public reprimand is indeed public. The Bar proposed deleting the

requirement because in recent years this Court’s public reprimands

of lawyers have not, as a matter of course, been published in the

Southern Reporter. We thank the Bar for bringing this oversight to

our attention, and we will take steps to ensure that publication of

public reprimands in the Southern Reporter occurs.

In rule 3-5.3, the Bar proposed the addition of new subdivision

(h) (Diversion Before Formal Complaint is Filed). The subdivision

the Bar proposed is essentially a mirror image of rule 3-7.9(a)

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(Consent Judgment; Before Formal Complaint is Filed) and would

permit a lawyer and the Bar to enter into a consent judgment

providing for diversion before a formal complaint is filed. However,

we see no need to amend rule 3-5.3 to include a mirror image of a

rule that already exists elsewhere. We, therefore, revise the Bar’s

proposal to read:

(h) Diversion Before Formal Complaint is Filed. The
procedures for approval of consent judgments provided
elsewhere in these rules apply to diversion before the
filing of a formal complaint.

Rule 3-6.1(a) is reorganized, and the rule’s scope is expanded

to include persons who are suspended or have been disbarred in

another jurisdiction. Also, under the amended rule, a person is

now considered employed by an entity providing legal services if he

or she “is engaged to provide services to the client arising from or

related to the client’s legal representation at the recommendation of

the entity or any of its members or employees.”

Rule 3-7.10(f) is amended to prohibit a referee from referring a

petition for reinstatement to civil or grievance mediation. The Bar

proposed amending subdivision (f)(4)(B) to establish when and for

how long Florida Bar Examination and Multistate Professional

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Responsibility Examination scores are valid for reinstatement

purposes. For added clarity, however, we revise the Bar’s proposal

to read: “The results for both exams must be valid under the Rules

of the Supreme Court Relating to Admission to the Bar when the

petition is filed and will remain valid for at least 3 years after the

filing of the petition.”

Lastly, we decline to amend rule 3-7.16(d) as proposed by the

Bar.

CONCLUSION

Accordingly, chapters 3 and 14 of the Rules Regulating The

Florida Bar are 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 will

become effective November 6, 2023, at 12:01 a.m.

It is so ordered.

MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS,
and FRANCIS, JJ., concur.
SASSO, J., did not participate.

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

Original Proceeding – Florida Rules Regulating The Florida Bar

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

for Petitioner

Anthony C. Musto on behalf of the Public Interest Law Section of
The Florida Bar, Hallandale Beach, Florida,

Responding with comments

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 Appendix

RULE 3-2.1. GENERALLY

Wherever used in these rules the following words or terms
have the meaning set forth below unless their use clearly indicates
a different meaning:.

(a)-(b) [No Change]

(c) Chief Branch Discipline Counsel. Chief branch
discipline counsel is the counsel in charge of a branch office of The
Florida Bar. Any counsel employed by The Florida Bar may serve
as chief branch discipline counsel at the direction of the regularly
assigned chief branch discipline counsel or staff counsel.

(cd) Complainant or Complaining Witness. A complainant
or any complaining witness is any person who has complained of
the conduct of any member of The Florida Bar to any officer or
agency of The Florida Bar.

(de) This Court or the Court. This court or the court is the
Supreme Court of Florida.

(ef) Court of this State. Court of this state is a state court
authorized and established by the constitution or laws of the state
of Florida.

(g) Designated Reviewer. The designated reviewer is a
member of the board of governors responsible for review and other
specific duties as assigned with respect to a particular grievance
committee or matter. The designated reviewer for a special
grievance committee will be selected by the president and approved
by the board.

(fh) Diversion to Practice and Professionalism
Enhancement Programs. Diversion to practice and
professionalism enhancement programs is removal of a disciplinary

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matter from the disciplinary system and placement of the matter in
a skills enhancement program in lieu of a disciplinary sanction.

(gi) Executive Committee. Executive committee is the
executive committee of the board of governors of The Florida Bar.

(hj) Executive Director. Executive Director is the executive
director of The Florida Bar.

(k) Final Adjudication. Final adjudication is a decision by
the authorized disciplinary authority or court issuing a sanction for
professional misconduct that is not subject to judicial review except
on direct appeal to the Supreme Court of the United States.

(il) Inquiry. Inquiry is a written communication received by
bar counsel questioning the conduct of a member of The Florida
Bar.

(jm) Practice and Professionalism Enhancement Programs.
Practice and professionalism enhancement programs are programs
operated either as a diversion from disciplinary action or as a part
of a disciplinary sanction that are intended to provide educational
opportunities to members of the bar for enhancing skills and
avoiding misconduct allegations.

(kn) Probable Cause. Probable cause is a finding by an
authorized agency that there is cause to believe that a member of
The Florida Bar is guilty of misconduct justifying disciplinary
action.

(lo) Referral to Practice and Professionalism
Enhancement Programs. Referral to practice and professionalism
enhancement programs is placement of a lawyer in skills
enhancement programs as a disciplinary sanction.

(mp) Referee. Referee is a judge or retired judge appointed to
conduct proceedings as provided under these rules.

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 (nq) Respondent. Respondent is a member of The Florida
Bar or a lawyer subject to these rules who is accused of misconduct
or whose conduct is under investigation.

(or) Staff Counsel. Staff counsel is a lawyer employee of The
Florida Bar designated by the executive director and authorized by
these Rules Regulating The Florida Bar to approve formal
complaints, conditional guilty pleas for consent judgments, and
diversion recommendations and to make appointment of bar
counsel.

(p) Chief Branch Discipline Counsel. Chief branch
discipline counsel is the counsel in charge of a branch office of The
Florida Bar. Any counsel employed by The Florida Bar may serve
as chief branch discipline counsel at the direction of the regularly
assigned chief branch discipline counsel or staff counsel.

(q) Designated Reviewer. The designated reviewer is a
member of the board of governors responsible for review and other
specific duties as assigned with respect to a particular grievance
committee or matter. The designated reviewer for a special
grievance committee will be selected by the president and approved
by the board.

(r) Final Adjudication. Final adjudication is a decision by
the authorized disciplinary authority or court issuing a sanction for
professional misconduct that is not subject to judicial review except
on direct appeal to the Supreme Court of the United States.

RULE 3-5.1. GENERALLY

A judgment entered, finding a member of The Florida Bar
guilty of misconduct, will include 1 or more of the following
disciplinary measures:.

(a) Admonishments. A Supreme Court of Florida order
finding minor misconduct and adjudgingordering an admonishment

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may direct the respondent to appear before the Supreme Court of
Florida, the board of governors, a grievance committee, or the
referee for administration of the admonishment. A grievance
committee report and finding of minor misconduct or the board of
governors, on review of the report, may direct the respondent to
appear before the board of governors or the grievance committee for
administration of the admonishment. A memorandum of
administration of an admonishment will be made a part of the
record of the proceeding after the admonishment is administered.

(b) Minor Misconduct. Minor misconduct is the only type
of misconduct for which an admonishment is an appropriate
disciplinary sanction.

(1) Criteria. In the absence of unusual circumstances,
misconduct will not be regarded as minor if any of the following
conditions exist:

(A)-(B) [No Change]

(C) the misconduct resulted in or is likely to result
in actual or potential injury to the public or the legal system;

(CD) the respondent has been publicly disciplined
in the past 3 years;

(DE) the misconduct involved is of the same nature
as misconduct for which the respondent has been disciplined
in the past 5 years;

(EF) the misconduct includes dishonesty,
misrepresentation, deceit, or fraud on the part of the
respondent; or

(FG) the misconduct constitutes the commission of
a felony under applicable law.

(2) Discretion of Grievance Committee. A grievance
committee may recommend an admonishment for minor

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misconduct or diversion to a practice and professionalism
enhancement program when unusual circumstances are
present, despite the presence of 1 or more of the criteria
described in subpartsubdivision (1) of this rule. When the
grievance committee recommends an admonishment for minor
misconduct or diversion to a practice and professionalism
enhancement program under these circumstances, itsAny
grievance committee report willrecommending an admonishment
for minor misconduct or diversion to a practice and
professionalism enhancement program despite the presence of
the criteria in subdivision (1) must contain a detailed
explanation of the circumstances giving rise to the committee’s
recommendation.

(3) Recommendation of Minor Misconduct. If a grievance
committee finds the respondent guilty of minor misconduct or if
the respondent admits guilt of minor misconduct and the
committee concurs, the grievance committee will file its report
recommending an admonishment, the manner of administration,
the taxing of costs, and an assessment or administrative fee in
the amount of $1,250 against the respondent. The report
recommending an admonishment will be forwarded to staff
counsel and the designated reviewer for review. If staff counsel
does not return the report to the grievance committee to remedy
a defect in the report, or if the report is not referred to the
disciplinary review committee by the designated reviewer [as
provided elsewhere in rule 3-7.5(b)]these rules, the report will
then be served on the respondent by bar counsel. The report
and finding of minor misconduct becomes final unless rejected
by the respondent within 1530 days after service of the report. If
rejected by the respondent, the report will be referred to bar
counsel and referee for trial on complaint of minor misconduct
to be prepared by bar counsel will prepare a formal complaint as
in the case of a finding of probable cause. If the report of minor
misconduct is not rejected by the respondent, notice of the
finding of minor misconduct will be given, in writing, to the
complainant.

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 (4) Rejection of Minor Misconduct Reports. The board of
governors’ rejection by the board of governors of a grievance
committee report of minor misconduct, without dismissal of the
case, or remand to the grievance committee, is deemed a finding
of probable cause. The respondent’s rejection of a report by a
respondent is deemed a finding of probable cause for minor
misconduct. At trial before a referee following a respondent’s
rejection by a respondent of a report of minor misconduct, the
referee may recommend any discipline authorized under these
rules.

(5) Admission of Minor Misconduct. A respondent may
tender a written admission of minor misconduct to bar counsel
or to the grievance committee within 1530 days after service of a
notice of a finding of probable cause by a grievance committee or
the board of governors. An admission of minor misconduct may
be conditioned on acceptance by the grievance committee or the
board of governors, but the respondent may not condition the
admission of minor misconduct on the method of administration
of the admonishment or on nonpayment of costs incurred in the
proceedings. An admission may be tendered after a finding of
probable cause (but before the filing of a complaint) only if an
admission has not been previously tendered. If the admission is
tendered after a finding of probable cause, the grievance
committee or board of governors may consider the admission
without further evidentiary hearing and may either reject the
admission, affirming its prior action, or accept the admission
and issue its report of minor misconduct, in which case, the
report of minor misconduct will be issued by the grievance
committee. If a respondent’s admission is accepted by the
grievance committee or board of governors, the respondent may
not later reject a report of the committee recommending an
admonishment for minor misconduct. If the admission of minor
misconduct is rejected, the admission may not be considered or
used against the respondent in subsequent proceedings.

(c) Probation. The respondent may be placed on probation
for a stated period of time of not less thanbetween 6 months nor
more thanand 5 years or for an indefinite period determined by

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conditions stated in the order. The judgment will state the
conditions of the probation, which may include, but are not limited
to, the following:

(1)-(6) [No Change]

The respondent will reimburse the bar for the costs of
supervision. The respondent may be punished for contempt on
petition by The Florida Bar, as provided elsewhere in these Rules
Regulating The Florida Bar, on failure of a respondent to comply
with the conditions of the probation or a finding of probable cause
as to conduct of the respondent committed during the period of
probation. An order of the court imposing sanctions for contempt
under this rule may also terminate the probation previously
imposed.

(d) Public Reprimand. A public reprimand will be
administered in the manner prescribed in the judgment but all
reprimands will be reported in the Southern Reporter. Due notice
will be givenThe bar will provide due notice to the respondent of any
proceeding set to administer the reprimand. The respondent must
appear personally before the Supreme Court of Florida, the board of
governors, any judge designated to administer the reprimand, or the
referee, if required, and this appearance will be made a part of the
record of the proceeding.

(e) Suspension. The respondent may be suspended from
the practice of law for a period of time to be determined by the
conditions imposed by the judgment or order or until further order
of the court. During this suspension, the respondent continues to
be a member of The Florida Bar but without the privilege of
practicing. A suspension of 90 days or less does not require proof
of rehabilitation or passage of the Florida bar examination, and the
respondent will become eligible for all privileges of members of The
Florida Bar on the expiration of the period of suspension. A
suspension of more than 90 days requires proof of rehabilitation
and may require passage of all or part of the Florida bar
examination and the respondent will not become eligible for all
privileges of members of The Florida Bar until the court enters an

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order reinstating the respondent to membership in The Florida Bar.
No suspension will be ordered for a specific period of time more
than 3 years.

An order or opinion imposing a suspension of 90 days or less
will include a provision that prohibits the respondent from
accepting new business from the date of the order or opinion until
the end of the term of the suspension and will provide that the
suspension is effective 30 days from the date of the order or opinion
so that the respondent may close out the practice of law and protect
the interests of existing clients, unless the court orders otherwise.

An order or opinion imposing a suspension of more than 90
days will include a provision that prohibits the respondent from
accepting new business from the date of the order or opinion until
the date of the court’s order of reinstatement and will provide that
the suspension is effective 30 days from the date of the order or
opinion so that the respondent may close out the practice of law
and protect the interests of existing clients, unless the court orders
otherwise.

(f) [No Change]

(g) Disciplinary Revocation. A disciplinary revocation is
tantamount to a disbarment. A respondent may petition for
disciplinary revocation in lieu of defending against allegations of
disciplinary violations. If accepted by the Supreme Court of Florida,
a disciplinary revocation terminates the respondent’s status as a
member of the bar. A former bar member whose disciplinary
revocation has been accepted may only be admitted again upon full
compliance with the rules and regulations governing admission to
the bar. Like disbarment, disciplinary revocation terminates the
respondent’s license and privilege to practice law and requires
readmission to practice under the Rules of the Supreme Court
Relating to Admissions to the Bar. No application for readmission
may be tendered until the later of 5 years after the date of the order
of the Supreme Court of Florida granting the petition for
disciplinary revocation, or such otheranother period of time in
excess of 5 years contained in saidthat order.

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 (h) Notice to Clients. Unless the court orders otherwise,
when the respondent is served with an order of disbarment,
disbarment on consent, disciplinary revocation, suspension,
emergency suspension, emergency probation, or placement on the
inactive list for incapacity not related to misconduct, the
respondent must, immediately furnish a copy of the order to all:

(1) all of the respondent’s clients of the respondent with
matters pending in the respondent’s practice;

(2) all opposing counsel or co-counsel in the matters
listed in (1), above;

(3) all courts, tribunals, or adjudicative agencies before
which the respondent is counsel of record; and

(4) all state, federal, or administrative bars of which
respondent is a member.

Within 30 days after service of the order the respondent must
furnish bar counsel with a sworn affidavit listing the names and
addresses of all persons and entities that have been furnished
copies of the order.

(i) Forfeiture of Fees. An order of the Supreme Court of
Florida or a report of minor misconduct adjudicating a respondent
guilty of entering into, charging, or collecting a fee prohibited by the
Rules Regulating The Florida Bar may order the respondent to
forfeit all or any part of the fee or any part thereof. In the case of a
clearly excessive fee, the excessive amount of the fee may be
ordered returned to the client, and a fee otherwise prohibited by the
Rules Regulating The Florida Bar may be ordered forfeited to The
Florida Bar Clients’ Security Fund and disbursed in accordance
with its rules and regulations.

(j) Restitution. In addition to any of the foregoing
disciplinary sanctions and any disciplinary sanctions authorized
elsewhere in these rules, the respondent may be ordered or agree to

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pay restitution to a complainant or other person if the disciplinary
order finds that the respondent has received a clearly excessive,
illegal, or prohibited fee, or that the respondent has converted trust
funds or property. The amount of restitution will be specifically set
forth in the disciplinary order or agreement and will not exceed the
amount by which a fee is clearly excessive, in the case of a
prohibited or illegal fee will not exceed the amount of the fee, or in
the case of conversion will not exceed the amount of the conversion
established in disciplinary proceedings. Restitution for an excessive
fee will not exceed the amount by which that fee is clearly excessive.
Restitution for a prohibited or illegal fee will not exceed the amount
of the fee. Restitution for a conversion will not exceed the amount
of the conversion established in disciplinary proceedings. The
disciplinary order or agreement will alsomust state to whom
restitution must be made and the date by which it must be
completed. Failure to comply with the order or agreement will
cause the respondent to become a delinquent member and will not
preclude further proceedings under these rules. The respondent
must provide the bar with telephone numbers and current
addresses of all individuals or entities to whom the respondent is
ordered to pay restitution.

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

(a) Petition for Emergency Suspension.

(1) [No Change]

(2) Discipline by Foreign Jurisdiction. The Supreme
Court of Florida may issue an order suspending the lawyer on an
emergency basis under this chapter on petition of The Florida Bar,
authorized by its president, president-elect, or executive director
and supported by a certified copy of an order of a foreign

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disciplinary jurisdiction suspending or disbarring a lawyer from the
practice of law under rule 3-7.2.

(3) [No Change]

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

(5) New Cases and Existing Clients. Any emergency
suspension order issued 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 an
emergency order. Any fees paid to the suspended 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.

(6) Motions for Dissolution. The lawyer may move at
any time to dissolve or amend an emergency order by motion filed
with the Supreme Court of Florida, unless the bar has
demonstrated, through a hearing or trial, the likelihood of prevailing
on the merits on any of the underlying violations of the Rules
Regulating The Florida Bar. The lawyer must serve a copy of the
motion on bar counsel. The motion will not stay any other
proceedings or applicable time limitations in the case and will
immediately be assigned to a referee designated by the chief justice,
unless the motion fails to state good cause or is procedurally barred
as an invalid successive motion. The filing of the motion will not
stay the operation of an emergency suspension order entered under
this subdivision.

(7) Successive Motions Prohibited. The Supreme Court
of Florida will summarily dismiss any successive motions for
dissolution that raise issues that were, or with due diligence could
have been, raised in a prior motion.

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 (8) Hearing on Petition to Terminate or Modify
Suspension. The referee will hear a motion to terminate or modify a
suspension imposed under this subdivision within 7 days of
assignment and submit a report and recommendation to the
Supreme Court of Florida in an electronic format approved by the
supreme court within 7 days of the hearing date. The referee will
recommend dissolution or amendment, whichever is appropriate, if
the bar cannot demonstrate a likelihood of prevailing on the merits
on at least 1 of the underlying violations of the Rules Regulating
The Florida Bar that establishes the respondent is causing great
public harm.

(9) Review by the Supreme Court of Florida. The
Supreme Court of Florida will review and act on the referee’s
findings and recommendations on receipt of the referee’s report on
the motion for dissolution or amendment. Briefing schedules
following the petition for review are as set forth in subchapter 3-7 of
these rules.

(10) Hearings on Issues Raised in Petitions for Emergency
Suspension and Sanctions. Once the Supreme Court of Florida has
granted a petition for emergency suspension under this subdivision,
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 emergency suspension 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
suspension order 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.

(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

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conditions provided in subdivision (c) of rule 3-5.1 or placing the
lawyer on the inactive list for incapacity not related to misconduct
as provided in rule 3-7.13elsewhere in this chapter. The order may
be issued 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 conditions or restrictions on a lawyer’s privilege to
practice law in Florida are necessary to protect the public.

(2) Formal Complaint, Answer, and Defenses. ThisThe
petition also constitutes the formal complaint. The respondent has
20 days after docketing by the Supreme Court of Florida of its order
granting the bar’s petition for interim probation in which to file an
answer and any affirmative defenses to the bar’s petition.

(3) Appointment of Referee. The Supreme Court of
Florida will promptly appoint or direct the appointment of a referee
on entry of an order of interim probation.

(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.

(5) 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

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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.

(6) 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
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, orinterim probation, or interim
placement on the inactive list that restricts the attorneylawyer 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
serves as an injunction to preventenjoins 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.

(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.

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 (13) 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 to be entitledentitlement
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.

(24) Notice by Bar. Bar counsel and bar auditorsThe bar
will provide information to the appointed referee from bar audits
and other existing information regarding persons claiming
ownership ofentitlement 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 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.

(5A) 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.

(6B) Summary Proceedings. A referee will determine who
is entitled to funds in the frozen trust account, unlessThe 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. In
that event, the funds will be unfrozen.

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 (d7) Referee Review of Frozen Trust Account
Petitions.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 referee is
determination of ownership ofentitlement 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. The
referee’s final order is subject only to direct petition for review by a
party claiming an ownership interest in the frozen trust funds. The
petition for review must be filed within 60 days of the referee’s final
order. The schedule for filing of briefs in the appellate process is as
set forth in subchapter 3-7 of these rules.

(e8) Separate Funds in Frozen Trust
Accounts.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.

- 22 -
 (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.

(f) New Cases and Existing Clients. Any order of
emergency suspension issued under this rule 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 an
emergency order. Any fees paid to the suspended 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.

(g) Motions for Dissolution. The lawyer may move at any
time for to dissolve or amend an emergency order by motion filed
with the Supreme Court of Florida, unless the bar has
demonstrated, through a hearing or trial, the likelihood of prevailing
on the merits on any of the underlying violations of the Rules
Regulating The Florida Bar. The lawyer must serve a copy of the
motion on bar counsel. The motion will not stay any other
proceedings or applicable time limitations in the case and will
immediately be assigned to a referee designated by the chief justice,
unless the motion fails to state good cause or is procedurally barred
as an invalid successive motion. The filing of the motion will not
stay the operation of an order of emergency suspension or interim
probation entered under this rule.

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

- 23 -
 (i) Hearing on Petition to Terminate or Modify
Suspension. The referee will hear a motion to terminate or modify
a suspension or interim probation imposed under this rule within 7
days of assignment and submit a report and recommendation to the
Supreme Court of Florida within 7 days of the hearing date. The
referee will recommend dissolution or amendment, whichever is
appropriate, if the bar cannot demonstrate a likelihood of prevailing
on the merits on at least 1 of the underlying violations of the Rules
Regulating The Florida Bar that establishes that the respondent is
causing great public harm.

(j) Successive Motions Prohibited. The Supreme Court of
Florida will summarily dismiss any successive motions for
dissolution that raise issues that were, or with due diligence could
have been, raised in a prior motion.

(k) Review by the Supreme Court of Florida. The
Supreme Court of Florida will review and act on the referee’s
findings and recommendations regarding emergency suspensions
and interim probations on receipt of the referee’s report on the
motion for dissolution or amendment. This subdivision does not
apply to a referee’s final order to determine ownership of funds in
frozen trust accounts. These final orders of referee are reviewable
by the Supreme Court of Florida only if a party timely files a
petition for review under this rule. Briefing schedules following the
petition for review are as set forth in subchapter 3-7 of these rules.

(l) Hearings on Issues Raised in Petitions for Emergency
Suspension or Interim Probation and Sanctions. Once the
Supreme Court of Florida has granted a petition for emergency
suspension or 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 emergency suspension or interim probation or when the time
has expired for filing an answer. The referee will issue a final report
and recommendation within 90 days of appointment. If the time
limit specified in this subdivision is not met, that portion of an

- 24 -
emergency order imposing a suspension or 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.

(md) Proceedings in the Supreme Court of Florida. The
Supreme Court of Florida will expedite consideration of the referee’s
report and recommendation regarding emergency suspension and
interim probation. The chief justice will schedule oral argument as
soon as practicable, if granted.

(ne) Waiver of Time Limits. The respondent may, at any
time, waive the time requirements set forth in this rule by written
request made to and approved by the referee assigned to hear the
matter.

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

(a) Authority of Board. The board of governors is hereby
authorized to establish practice and professionalism enhancement
programs to which eligible disciplinary cases may be diverted as an
alternative to disciplinary sanction.

(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. However, aA 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 for a practice and professionalism enhancement program.

(d) Approval of Diversion of Cases at Staff or Grievance
Committee Level Investigations. The bar shallwill not offer a
respondent the opportunity to divert a disciplinary case that is

- 25 -
pending at staff or grievance committee level investigations to a
practice and professionalism enhancement program unless staff
counsel, 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), the
recommendation shallmust state the practice and professionalism
enhancement program(s) to which the respondent shallwill be
diverted, shall state the general purpose for the diversion, and the
costs thereof to be paid by the respondent.

(f) Service of Recommendation on and Review by
Respondent. If a diversion recommendation is approved as
provided in subdivision (d), the bar must serve the recommendation
shall be served 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
shalldoes not have the right to reject any specific requirement of a
practice and professionalism enhancement program.

(g) Effect of Rejection of Recommendation by
Respondent. In the event thatIf a respondent rejects a diversion
recommendation the matter shallwill be returned for further
proceedings under these rules.

(h) Diversion Before Formal Complaint is Filed. The
procedures for approval of consent judgments provided elsewhere in
these rules apply to diversion before the filing of a formal complaint.

(hi) Diversion at Trial Level.

(1) Agreement of the Parties. A referee may recommend
diversion of a disciplinary case to a practice and professionalism
enhancement program if the bar approves diversion and the
respondent agrees. The procedures for approval of conditional
pleas provided elsewhere in these rules shall apply to diversion at
the trial level.

- 26 -
 (2) [No Change]

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

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

(5) Authority of Referee to Refer a Matter to a Practice
and Professionalism Enhancement Program. Nothing in this rule
shall precludes a referee from referring a disciplinary matter to a
practice and professionalism enhancement program as a part of a
disciplinary sanction.

(ij) Effect of Diversion. When the recommendation of
diversion becomes final, the respondent shallmust enter the
practice and professionalism enhancement program(s) and complete
their requirements thereof. Upon respondent’s entry into a practice
and professionalism enhancement program, theThe bar shallwill
terminate its investigation into the matter and close its disciplinary
files shall be closed indicating the diversion on a respondent’s entry
into a practice and professionalism enhancement program.
Diversion into the practice and professionalism enhancement
program shall not constituteis not a disciplinary sanction.

(jk) Effect of Completion of the Practice and
Professionalism Enhancement Program. If a respondent
successfully completes all requirements of the practice and
professionalism enhancement program(s) to which the respondent
was diverted, theThe bar’s file shallwill remain closed if a
respondent successfully completes all requirements of the practice
and professionalism enhancement program(s) to which the
respondent is diverted.

- 27 -
 (kl) Effect of Failure to Complete the Practice and
Professionalism Enhancement Program. If a respondent fails to
fully complete all requirements of the practice and professionalism
enhancement program(s) to which the respondent was diverted,
including the payment of costs thereof, theThe 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 costs. Failure to
complete the practice and professionalism enhancement program
shall be considered asis an matter of aggravationaggravating factor
when imposing a disciplinary sanction.

(lm) Costs of Practice and Professionalism Enhancement
Programs. The Florida Bar shallwill annually determine the costs
of practice and professionalism enhancement programs and publish
the amount of the costs thereof that shallto be assessed against and
paid by a respondent.

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 another
such 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 3-6.1. GENERALLY

(a) Authorization and Application. Except as limited in
this rule, persons or entities providing legal services may employ
suspended lawyers, lawyers on the inactive list due to incapacity,
and former lawyers who have been disbarred or whose disciplinary
resignations or disciplinary revocations have been granted by the
Supreme Court of Florida (for purposes of this rule these lawyers
and former lawyers are referred to as “individual(s) subject to this

- 28 -
rule”) certain lawyers or former lawyers to perform those services
that may ethically be performed by nonlawyers employed by
authorized business entities. For purposes of this rule:

(1) these lawyers and former lawyers are referred to as
“individual(s) subject to this rule”;

(2) “individuals subject to this rule” includes lawyers
who are on the inactive list due to incapacity or who are suspended
or have been disbarred by a court or other authorized disciplinary
agency of this or another jurisdiction;

(3) the term “disbarred” includes disciplinary
resignation and revocation, permanent retirement in lieu of
discipline, or their substantial equivalents; and

(4) An individual subject to this rule is considered
employed by an entity providing legal services if the individual is a
salaried or hourly employee, volunteer worker, or an independent
contractor, or is engaged to provide services to the client arising
from or related to the client’s legal representation at the
recommendation of the entity or any of its members or employees.

(b)-(c) [No Change]

(d) Prohibited Conduct.

(1) [No Change]

(2) Trust Funds or Property. Individuals subject to this
rule must not receive, disburse, or otherwise handle trust funds or
property as defined in chapter 5 of these rules. Individuals subject
to this rule must not act as fiduciaries for any funds or property of
their clients or former clients, their employers’ clients or former
clients, or the clients or former clients of any entity in which theiran
employer is a beneficial owner.

(3) [No Change]

- 29 -
 (e)-(f) [No Change]

Comment
[No Change]

RULE 3-7.1. CONFIDENTIALITY

(a) Scope of Confidentiality. All records including files,
preliminary investigation reports, interoffice memoranda, records of
investigations, and the records in trials and other proceedings
under these rules, except those disciplinary matters conducted in
circuit courts, are property of The Florida Bar. All of those matters
are confidential and will not be disclosed except as provided in
these rules. When disclosure is permitted under these rules, it will
be limited to information concerning the status of the proceedings
and any information that is part of the public record as defined in
these rules.

Unless otherwise ordered by this court or the referee in
proceedings under these rules, nothing in these rules prohibits the
complainant, respondent, or any witness from disclosing the
existence of proceedings under these rules, or from disclosing any
documents or correspondence served on or provided to those
persons except where disclosure is prohibited in chapter 4 of these
rules or by statutes and caselaw regarding attorney-client privilege.

(1) [No Change]

(2) Minor Misconduct Cases. Any case in whichthat has
been concluded by a finding of minor misconduct has been entered
by action of the grievance committee or board is public information.

(3) Probable Cause Cases. Any disciplinary case in
whichthat has a finding of probable cause for further disciplinary
proceedings has been entered is public information. For purposes
of this subdivision, a finding of probable cause is deemed in those
cases authorized by rule 3-3.2(ab), for the filing of a formal

- 30 -
complaint without the requirement of a finding of probable cause.
Cases in which a formal complaint has been filed under rule 3-
3.2(b) without a finding of probable cause are public on filing the
complaint.

(4) [No Change]

(5) Diversion or Referral to Grievance Mediation and Fee
Arbitration Program. Any disciplinary case that has been concluded
by diversion to a practice and professionalism enhancement
program or by referral to the grievance mediation and fee
arbitration program is public information on the entry of such a
recommendation.

(6)-(12) [No Change]

(b)-(i) [No Change]

(j) Chemical Dependency and Psychological Treatment.
That a lawyer, judge, or justice has voluntarily sought, received, or
accepted treatment for chemical dependency or psychological
problems is confidential and will not be admitted as evidence in
disciplinary proceedings under these rules unless agreed to by the
lawyer, judge, or justice who sought, received, or accepted the
treatment.

For purposes of this subdivision, a lawyer, judge, or justice is
deemed to have voluntarily sought, received, or accepted treatment
for chemical dependency or psychological problems if the lawyer,
judge, or justice was not under compulsion of law or rule to do so,
or if the treatment is not a part of conditional admission to The
Florida Bar or of a disciplinary sanction imposed under these rules.

It is the purpose of this subdivision to encourage lawyers,
judges, and justices to voluntarily seek advice, counsel, and
treatment available to lawyers, judges, and justices, without fear
that the fact it is sought or rendered will or might cause
embarrassment in any future disciplinary matterbe admitted as
evidence in disciplinary proceedings under these rules.

- 31 -
 (k)-(m) [No Change]

RULE 3-7.3. REVIEW OF INQUIRIES, COMPLAINT
PROCESSING, AND INITIAL INVESTIGATORY
PROCEDURES

(a) Screening of Inquiries. Prior to opening a disciplinary
file, barBar counsel shallmust review theeach written inquiry made
and determine whether the alleged conduct, if proven, would
constitute a violation of the Rules Regulating The Florida Bar
warranting the imposition of discipline before opening a disciplinary
file. If bar counsel determines that the facts allege a fee dispute
which, if proven, would probably not constitute a clear violation
under these rules, barBar counsel may, with the consent of the
complainant and respondent, refer the matter to The Florida Bar
Grievance Mediation and Fee Arbitration Program under chapter 14
with the consent of the complaining witness and respondent if bar
counsel determines that the facts allege a fee dispute which, if
proven, would probably not constitute a clear violation under these
rules. IfBar counsel may decline to pursue the inquiry if bar
counsel determines that the facts, if proven, would not constitute a
violation of the Rules Regulating The Florida Bar warranting the
imposition of discipline, bar counsel may decline to pursue the
inquiry. A decision by bar counsel not to pursue an inquiry
shalldoes not preclude further action or review under the Rules
Regulating The Florida Bar. TheBar counsel must notify
complainantthe complaining witness and respondent shall be
notified of a decision not to pursue an inquiry and shall be
givenand the reasons bar counsel closed the inquirytherefor.

(b) Complaint Processing and Bar Counsel Investigation.
If bar counsel decides to pursue an inquiry,Bar counsel will open a
disciplinary file shall be opened and the inquiry shall be considered
as a complaint, if the form requirement of subdivision (c) is metif
bar counsel determines further investigation is warranted. Bar
counsel shallmust investigate the allegations contained in theany
written complaint that is signed under oath as provided in this rule.

- 32 -
Bar counsel may open a disciplinary file and investigate when bar
counsel possesses information that indicates a bar member may
have violated any Rules Regulating The Florida Bar. Bar counsel
may obtain subpoenas for witness attendance and the production of
documentary evidence in accordance with Rule 3-7.11.

(c) Form for Complaints. All complaints must be in writing
and signed under penalty of perjury, except those initiated by The
Florida Bar, shall be in writing and under oath. Complaints may be
signed electronically and submitted to the bar electronically. The
complaint shallmust contain a statement providing:

Under penalty of perjury, I declare the foregoing facts are
true, correct, and complete.

(d) Dismissal of Disciplinary Cases. Bar counsel may
dismiss disciplinary cases if, after complete investigation, bar
counsel determines, after complete investigation, that the facts
show that the respondent did not violate the Rules Regulating The
Florida Bar. Dismissal by bar counsel shalldoes not preclude
further action or review under the Rules Regulating The Florida
Bar. Nothing in these rules shall preclude barBar counsel from
obtainingmay dismiss a case with or without a letter of advice with
the concurrence of the grievance committee chair on the dismissal
of a case or on dismissal of the case with issuance of a letter of
advice as described elsewhere in these Rules Regulating The Florida
Bar. If a disciplinary case is dismissed, the complainant shall be
notified of the dismissal and shall be given the reasons thereforBar
counsel must notify the complainant of the dismissal and reasons
for dismissal.

(e) Diversion to Practice and Professionalism
Enhancement Programs. Bar counsel may recommend diversion
of disciplinary cases as provided elsewhere in these rules if, after
complete investigation, bar counsel determines that the facts show
that the respondent’s conduct did not constitute disciplinary
violations more severe than minor misconduct.

(f) [No Change]

- 33 -
 (g) Information Concerning Closed Inquiries and
Complaints Dismissed by Staff. When bar counsel does not
pursue an inquiry or dismisses a disciplinary case, such action
shall beBar counsel’s closure of an inquiry or complaint is deemed
a finding of no probable cause for further disciplinary proceedings
and the matter shall becomes public informationin accordance with
this subchapter.

RULE 3-7.4. GRIEVANCE COMMITTEE PROCEDURES

(a) Notice of Hearing. When notice of a grievance
committee hearing is sent to the respondent, such notice shall be
accompanied byThe bar must provide a list of the grievance
committee members with the notice of grievance committee hearing
sent to the respondent.

(b) Complaint Filed With Grievance Committee. A
grievance committee that receives a complaint received by a
committee directly from a complainant shall be reportedmust report
it to the appropriate bar counsel for docketing and assignment of a
case number, unless the committee resolves the complaint within
10 days after receipt of the complaint. A written report to bar
counsel shallmust include the following information: complainant’s
name and address, respondent’s name, date complaint received by
committee, copy of complaint letter or summary of the oral
complaint made, and the name of the committee member assigned
to the investigation. Formal investigation by a grievance committee
may proceed after the matter has been referred to bar counsel for
docketing.

(c) Investigation. A grievance committee is required to
consider all charges of misconduct forwarded to the committee by
bar counsel, whether based upon a written complaint or not. The
grievance committee may issue subpoenas in accordance with Rule
3-7.11.

- 34 -
 (d) Conduct of Proceedings. The proceedings of grievance
committees may be informal in nature and the committees shallare
not be bound by the rules of evidence.

(e) No Delay for Civil or Criminal Proceedings. An
investigation shallmay not be deferred or suspended without the
approval of the boardappropriate designated reviewer, even though
the respondent is made a party to civil litigation or is a defendant or
is acquitted in a criminal action, notwithstanding that either of
sucheven if the proceedings involves the subject matter of the
investigation.

(f) Counsel and Investigators. Upon request of a grievance
committee, staffStaff counsel may appoint a bar counsel or an
investigator to assist the grievance committee in an investigation, at
the committee’s request. Bar counsel shallwill assist each
grievance committee in carrying out its investigative and
administrative duties and shallwill prepare status reports for the
committee, notify complainants and respondents of committee
actions as appropriate, and prepare all reports reflecting committee
findings of probable cause, no probable cause, recommended
discipline for minor misconduct, and letters of advice after no
probable cause findings.

(g) Quorum, Panels, and Vote.

(1) Quorum. Three members of the committee, 2 of
whom must be lawyers, shall constitute a quorum.

(2) Panels. The grievance committee may be divided
into panels of not fewer than 3 members, at least 2/3 of whom
must be lawyers. Division of theThe grievance committee may be
divided into panels shall only be upon concurrence of the
designated reviewer and the chair of the grievance committee. The
3-member panel shallwill elect 1 of its lawyer members to preside
over the panel’s actions. If the chair or vice-chair is a member of a
3-member panel, the chair or vice-chair shall beis the presiding
officer.

- 35 -
 (3) Vote. All findings of probable cause and
recommendations of guilt of minor misconduct shallmust be made
by affirmative vote of a majority of the committee members present,
which majority must number at least 2 members. There shall beis
no required minimum number of lawyer members voting in order to
satisfy the requirements of this rule. The number of committee
members voting for or against the committee report shallmust be
recorded. Minority reports may be filed. A lawyer grievance
committee member may not vote on the disposition of any matter in
which that member served as the investigating member of the
committee.

(h) Rights and Responsibilities of the Respondent. The
respondent may be required to testify and to produce evidence, as
any other witness, unless the respondent claims a privilege or right
properly available to the respondent under applicable federal or
state law. The respondent may be accompanied by counsel. At a
reasonable time before any finding of probable cause or minor
misconduct is made, theThe bar must advise the respondent shall
be advised of the conduct that is being investigated and the rules
that may have been violated at a reasonable time before any finding
of probable cause or minor misconduct is made. The bar must
provide the respondent shall be provided with all materials
considered by the committee and shall be givengive the respondent
an opportunity to make a written statement, sworn or unsworn,
explaining, refuting, or admitting the alleged misconduct.

(i) Rights of the Complaining Witness. The complaining
witness is not a party to the disciplinary proceeding. Unless it is
found to be impractical by the chair of the grievance committee due
to unreasonable delay or other good cause, theThe complainant
shall be grantedhas the right to be present at any grievance
committee hearing when the respondent is present before the
committee, unless found impractical by the chair of the grievance
committee for unreasonable delay or other good cause. Neither
unwillingness nor neglect of the complaining witness to cooperate,
nor settlement, compromise, or restitution, will excuse the
completion of an investigation.The bar’s investigation will be
completed, regardless of whether the complaining witness is

- 36 -
uncooperative, delays, or notifies the bar of settlement or
compromise with the respondent or that the respondent has made
restitution. The complaining witness shall havehas no right to
appeal.

(j) Finding of No Probable Cause.

(1) Authority of Grievance Committee. A grievance
committee may terminate an investigation by finding that no
probable cause exists to believe that the respondent has violated
these rules. The committee may issue a letter of advice to the
respondent in connection with the finding of no probable cause.

(2) Notice of Committee Action. Bar counsel shallmust
notify the respondent and complainant of the action of the
committee.

(3) Effect of No Probable Cause Finding. A finding of no
probable cause by a grievance committee shalldoes not preclude the
reopening of the case and further proceedings therein.

(4) Disposition of Committee Files. Upon the
termination of the grievance committee’s investigation, the
committee’sThe committee will forward its file shall be forwarded to
bar counsel for disposition in accord withunder established bar
policy.

(k) Letter Reports in No Probable Cause Cases. Upon a
finding of no probable cause, barBar counsel will submit a letter
report of thea no probable cause finding to the complainant,
presiding member, investigating member, and the respondent,
including any appropriate documentation, deemed appropriate by
bar counsel and explaining why the complaint did not warrant
further proceedings. Letters of advice issued by a grievance
committee in connection with findings of no probable cause
shallmust be signed by the presiding member of the committee.
Letter reports and letters of advice shalldo not constitute a
disciplinary sanction.

- 37 -
 (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 shallmust promptly prepare a record of its investigation
and a formal complaint. The record before the committee shall
consists of all reports, correspondence, papers, and/or recordings
furnishedprovided to or received from the respondent, and the
transcript of grievance committee meetings or hearings, if the
proceedings were attended by a court reporter; provided, however,
that the. The committee may retire into privateexecutive session to
debate the issues involved and to reach a decision as todecide the
action to be taken. The formal complaint shallmust be approved by
the member of the committee who presided in the proceeding. The
board prescribes the form of formal complaints shall be in such
form as shall be prescribed by the board. 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
accordingly. If bar counsel does not agree with the changes, the
matter shall beis referred to the designated reviewer of the
committee for appropriate action. When a formal complaint by a
grievance committee is not referred to the designated reviewer, or is
not returned to the grievance committee for further action, the
formal complaint shallmust be promptly forwarded to and reviewed
by staff counsel. Staff counsel shallmust file the formal complaint
and furnishprovide a copy to the respondent. Staff counsel
shallmust 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 causecase. A copy of the record
shallwill 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) Recommendation of Admonishment for Minor
Misconduct. If the committee recommends an admonishment for

- 38 -
minor misconduct, bar counsel drafts the grievance committee
report shall be drafted by bar counsel, and the presiding member
signs it and signed by the presiding member. The committee report
need only include: (1) the committee’s recommendations regarding
the admonishment, revocation of certification, and conditions of
recertification; (2) the committee’s recommendation as to the
method of administration of the admonishment; (3) a summary of
any additional charges that will be dismissed if the admonishment
is approved; (4) any comment on mitigating, aggravating, or
evidentiary matters that the committee believes will be helpful to
the board in passing upon the admonishment recommendation;
and (5) an admission of minor misconduct signed by the
respondent, if the respondent has admitted guilt to minor
misconduct. No record need be submitted with such athe report.
After the presiding member signs the grievance committee report,
the report shall beis returned to bar counsel. The report
recommending an admonishment shallmust be forwarded to staff
counsel and the designated reviewer for review. If staff counsel
does not return the report to the grievance committee to remedy
any defect therein, or if the designated reviewer does not present
the samereport to the disciplinary review committee for action by
the board, bar counsel will then serve the report shall then be
served on the respondent by bar counsel.

(n) Rejection of Admonishment. The order of
admonishment shall becomes final unless rejected by the
respondent within 1530 days after service upon the respondent. If
rejected by the respondent, the report shall be referred to bar
counsel and referee for trial on complaint of minor misconduct to be
prepared by bar counselwill prepare a formal complaint as in the
case of a finding of probable cause.

(o) Recommendation of Diversion to Remedial Programs.
A grievance committee may recommend, as an alternative to issuing
a finding of minor misconduct or no probable cause with a letter of
advice, diversion of the disciplinary case to a practice and
professionalism enhancement program as provided elsewhere in
these rules. A respondent may reject the diversion recommendation
in the same manner as provided in the rules applicable to rejection

- 39 -
of findings of minor misconduct. In the event that a respondent
rejects a recommendation of diversion, the matter shall beis
returned to the committee for further proceedings.

RULE 3-7.6. PROCEDURES BEFORE A REFEREE

(a) [No Change]

(b) Trial by Referee. Proceedings after assignment of a
referee on the bar's filing a formal complaint are adversary
proceedings conducted under this rule.

(c)-(g) [No Change]

(h) Pleadings. Pleadings may be informal and must comply
with the following.

(1) Complaint; Consolidation and Severance.

(A) [No Change]

(B) Content. The complaint must set forth the
particular act or acts of conduct for which the Florida Bar
memberrespondent is sought to be disciplined.

(C) [No Change]

(2)-(4) [No Change]

(5) Filing and Service of Pleadings.

(A) Before Appointment of Referee. Any pleadings
filed in a case before appointment of a referee must be filed with the
Supreme Court of Florida in an electronic format approved by the
supreme court and must include a certificate of service showing
parties on whom service of copies has been made. The Supreme
Court of Florida notifies the parties of the referee’s appointment and

- 40 -
forwards all pleadings filed with the court to the referee for action
on appointment of the referee.

(B) After Appointment of Referee. All pleadings,
motions, notices, and orders filed after appointment of a referee
must be filed with the referee in an electronic format approved by
the supreme court and must include a certificate of service showing
service of a copy on the bar's staff counsel and bar counsel and on
all interested parties to the proceedings.

(C) Subpoenas for witness attendance and
production of documentary evidence before a referee must be issued
by the referee and must be served either in the manner provided by
law for the service of process or by an investigator employed by The
Florida Barthe bar.

(6)-(8) [No Change]

(i)-(j) [No Change]

(k) Complaining Witness. The complaining witness is not a
party to the disciplinary proceeding and has no rights other than
those of any other witness. The referee may grant the complaining
witness the right to be present at any hearing when the respondent
is also present after the complaining witness has testified during
the case in chief, unless the complaining witness’ presence is found
to be impractical due to unreasonable delay or other good cause. A
complaining witness may be called on to testify and produce
evidence as any other witness. The bar may proceed with trial
regardless of a complainant’scomplaining witness’ lack of
cooperation or any settlement, compromise, or restitution between
the respondent and complainantcomplaining witness. The
complaining witness has no right to appeal.

(l) [No Change]

(m) Referee’s Report.

- 41 -
 (1)-(2) [No Change]

(3) Filing of Report. The referee must file the report and
record of proceedings with the Supreme Court of Florida in an
electronic format approved by the supreme court. The referee must
serve copies of the report on the parties including staff counsel.
Bar counsel will make a copy of the record, as filed, available to
other parties on request and payment of the actual costs of
reproduction. The referee may not file the report of referee and
record until the time for filing a motion to assess costs has expired
and no motion has been filed or, if the motion was timely filed, until
the motion has been considered and a ruling entered.

(n) The Record.

(1) Recording of Testimony. A court reporter must
attend and record all testimony at all hearings at which testimony
is presented. Transcripts of testimony are not required to be filed in
the matter. Any party requesting transcripts be filed in the matter
must pay the cost of transcription directly to the court reporter.
Transcripts ordered filed by the refereeIf the referee orders that
transcripts be filed, they are subject to assessment as costs as
elsewhere provided in these rules.

(2) [No Change]

(3) Preparation and Filing. The referee, with the
assistance of bar counsel, prepares the record, certifies that the
record is complete, serves a copy of the index of the record on the
respondent and The Florida Bar, and files the record with the office
of the clerk of the Supreme Court of Florida in an electronic format
approved by the supreme court.

(4) [No Change]

(o)-(q) [No Change]

Court Comment
[No Change]

- 42 -
 Comment
[No Change]

RULE 3-7.7. PROCEDURES BEFORE SUPREME COURT OF
FLORIDA

All reports of a referee reports and all judgments entered in
proceedings under these rules are subject to review by the Supreme
Court of Florida in the following manner:.

(a) Right of Review.

(1) Any party to a proceeding may request review of all
or part of a referee’s report of a referee or judgment entered under
these rules.

(2) The Supreme Court of Florida reviews all referee
reports and judgments of referees recommending probation, public
reprimand, suspension, disbarment, or revocation pending
disciplinary proceedings.

(3) [No Change]

(b) [No Change]

(c) Procedure for Review. The Supreme Court of Florida
will conduct its review using the following procedures:.

(1) Notice of Intent to Seek Review of Report of Referee.
A party to a bar disciplinary proceeding seeking review of a report of
referee must givefile notice of that intent to seek review of a referee’s
report, specifying any portion of the referee’s report to be reviewed,
within 60 days of the date on which the referee’s report is docketed
by the Clerk of the Supreme Court of Florida in an electronic format
approved by the Supreme Court of Florida. The Florida Bar will
provide prompt written notice of the board’s action, if any, to the
respondent. The proceeding begins by filing with the Supreme

- 43 -
Court of Florida notice of intent to seek review of a report of referee,
specifying those portions of the report of a referee sought to be
reviewed. Within 20 days after service of the notice of intent to seek
review, theThe opposing party may file a cross-notice for review
specifying any additional portion of the referee’s report for which
that party seeks review within 20 days after service of the notice.
The filing of the notice or cross-notice to seek review is
jurisdictional as to a review to be procured as a matter of, and the
party who fails to timely file notice loses supreme court review as a
right., but the The court may, in its discretion, consider a late-filed
notice or cross-notice on a showing of good cause.

(2) Record on Review. The report and record filed by
the referee shall constitute the record on review. If hearings were
held at which testimony was heard, but no transcripts were filed in
the matter, the party seeking review must order preparation of all
transcripts, file the transcripts with the court, and serve copies on
the opposing party on or before the time of filing of the initial brief,
as provided elsewhere in this rule. The party seeking review must
pay the court reporter cost of transcript preparation. Failure to
timely file and serve transcripts may be cause to dismiss the party’s
petition for review.

(3) [No Change]

(4) Oral Argument. Request for oral argument may be
filed in any case a party files a notice of intent to seek review at the
time of filing the first brief. If no request is filed, the case will be
disposed of without oral argument, unless the court orders
otherwise.

(5) [No Change]

(6) Judgment of Supreme Court of Florida.

(A) Authority. After review, theThe Supreme Court
of Florida will enter an appropriate order or judgment after review.
If no review is sought of a referee’s report of a referee entered under
the rules and filed in the court, the findings of fact are deemed

- 44 -
conclusive, and the referee’s recommended disciplinary measure
will be the disciplinary measure imposed by the court, unless the
court directs the parties to submit briefs or conduct oral argument
on the suitability of the referee’s recommended disciplinary
measure. A referee’s report that becomes final when no review has
been timely filed will be reported in an order of the Supreme Court
of Florida.

(B) Form. The court’s judgment may include
judgment in favor of any:

(i) the party to whom costs are awarded;

(ii) the person(s) to whom restitution is
ordered; or

(iii) the person(s) to whom a fee is ordered to
be forfeited.

(7) Procedures on Motions to Tax Costs. The court may
consider a motion to assess costs if the motion is filed within 10
days of the entry of the court’s order or opinion where the referee
finds the respondent not guilty at trial and the court, on review,
finds the respondent guilty of at least 1 rule violation and does not
remand the case to the referee for further proceedings or where the
respondent was found guilty at trial and the court, on review, finds
the respondent not guilty of any rule violation. The party from
whom costs are sought has 10 days from the date the motion was
filed in which to serve an objection. Failure to timely file a petition
for costs or to timely serve an objection, without good cause, waives
the request or objection to the costs, and the court may enter an
order without further proceedings. If an objection is timely filed, or
the court otherwise directs, the court will remand the motion will be
remanded to the referee. On remand, the referee must file a
supplemental report that includes a statement of costs incurred
and the manner in which the costs should be assessed. Any party
may seek review of the supplemental report of referee in the same
manner as provided for in this rule for other reports of the referee.

- 45 -
 (d)-(f) [No Change]

(g) Contempt by Respondent. Whenever it is alleged that a
respondent is in contempt in a disciplinary proceeding, aA petition
for an order to show cause why the respondent should not be held
in contempt in a disciplinary proceeding and the proceedings on the
petition may be filed in and determined by the court or as provided
under rule 3-7.11(f).

(h) Pending Disciplinary Cases. If the court orders
disbarment or disciplinary revocation, that order may include the
dismissal without prejudice of other pending disciplinary cases
against the respondent. If the revocation is granted by the court,
the revocation dismisses all pending disciplinary cases against that
respondent.

Comment
[No Change]

RULE 3-7.9. CONSENT JUDGMENT

(a) Before Formal Complaint is Filed. If before a formal
complaint is filed a respondent states a desire to plead guilty before
a formal complaint is filed, bar counsel shall consults established
board guidelines for discipline and confers with the designated
reviewer. If bar counsel or the designated reviewer rejects the
proposed consent judgment, the matter shallis not be referred to
the board of governors. If bar counsel and the designated reviewer
approve the proposed consent judgment, bar counsel advises the
respondent shall be advised that bar counsel and the designated
reviewer will recommend approval of the respondent’s written plea,
and the matter shall beis placed on the agenda of the board of
governors for its review. If the board of governors concurs in the
consent judgment, bar counsel shall notifynotifies the respondent
and files all necessary pleadings to secure approval of the plea. If a
proposed consent judgment is rejected, bar counsel shall prepares
and files a complaint as provided elsewhere in these rules.

- 46 -
 (b) After Filing of Formal Complaint. If a respondent
states a desire to plead guilty to a formal complaint that has been
filed, staff counsel shall consults established board guidelines for
discipline and confers with the designated reviewer. If staff counsel
or the designated reviewer rejects the proposed consent judgment,
the plea shallis not be filed with the referee. If staff counsel and the
designated reviewer approve the proposed consent judgment, bar
counsel advises the respondent shall be advised that staff counsel
and the designated reviewer will recommend approval of the
respondent’s written plea, and the consent judgment shall beis filed
with the referee. If the referee accepts the consent judgment, the
referee shall enters a report and files samethe report with the court
as provided elsewhere in these rules. If the referee rejects the
consent judgment, the matter shall proceeds as provided in this
chapter.

(c) Approval of Consent Judgments. Acceptance of any
proposed consent judgment shall beis conditioned on final approval
by the Supreme Court of Florida, and the court’s order will recite
the disciplinary charges against the respondent.

(d) Content of Conditional Pleas. All conditional pleas
shallmust show clearly by reference or otherwise the disciplinary
offenses to which the plea is made. All conditional pleas in which
the respondent agrees to the imposition of a suspension or
disbarment shallmust include an acknowledgment that, unless
waived or modified by the court on motion of the respondent, the
court order accepting the conditional plea will contain a provision
that prohibits the respondent from accepting new business from the
date of the order or opinion and shallmust provide that the
suspension or disbarment is effective 30 days from the date of the
order or opinion so that the respondent may close out the practice
of law and protect the interests of existing clients. A conditional
plea may not permit a respondent to begin serving a suspension or
disbarment until the Supreme Court of Florida issues an order or
opinion approving the recommended discipline.

(e) Disbarment on Consent. A respondent may surrender
membership in The Florida Bar in lieu of defending against

- 47 -
allegations of disciplinary violations by agreeing to disbarment on
consent. Disbarment on consent shall havehas the same effect as,
and shall beis governed by, the same rules provided for disbarment
elsewhere in these Rules Regulating The Florida Barrules.
Matters involving disbarment on consent shall beare processed in
the same manner as set forth in subdivisions (a) through (d) of this
rule and elsewhere in these Rules Regulating The Florida Barrules,
except that a respondent may enter into a disbarment on consent
without admitting any of the facts or rule violations alleged by the
bar. In suchthat event, the disbarment on consent shallmust set
forth a brief recitation of the allegations underlying the disbarment
on consent. This option shallis only be available for disbarments on
consent and not for any other type of consent judgment.

(f) Effect of Pleas on Certification. In negotiating consent
judgments with a respondent or in recommending acceptance,
rejection, or offer of a tendered consent judgment, staff counsel and
the designated reviewer shallmust consider and express a
recommendation on whether the consent judgment shallwill include
revocation of certification if held by the attorneylawyer and
restrictions to be placed on recertification in such areas. When
certification revocation is agreed to in a consent judgment, the
revocation and any conditions on recertification will be reported to
the legal specialization and education director for recording
purposes.

RULE 3-7.10. REINSTATEMENT AND READMISSION
PROCEDURES

(a) Reinstatement; Applicability. A lawyer who is
ineligible to practice due to a court-ordered disciplinary suspension
of 91 days or more or who has been placed on the inactive list for
incapacity not related to misconduct may be reinstated to
membership in good standing in The Florida Bar and be eligible to
practice again pursuant tounder this rule. The proceedings under
this rule are not applicabledo not apply to any lawyer who is not
ineligible to practice law due to a delinquency as defined in rule 1-
3.6 of these rules.

- 48 -
 (b) Petitions; Form and Contents.

(1) Filing. The original petition for reinstatement must
be verified by the petitioner and filed with the Supreme Court of
Florida in an electronic format approved by the supreme court and
in compliance with the Florida Rules of Civil Procedure and the
Florida Rules of General Practice and Judicial Administration. A
copy must be served on The Florida Bar’s staff counsel, The Florida
Bar, in compliance with applicable court rules. The petition for
reinstatement may not be filed until the petitioner has completed at
least 80% of the term of that lawyer’s period of suspension.

(2) Form and Exhibits. The petition must be in the form
and accompanied by the exhibits provided for elsewhere in this
rule. The information required concerning the petitioner may
include any or all of the following matters in addition to any other
matters that may be reasonably required to determine the
petitioner’s fitness of the petitioner to resume the practice of law
may include, but is not limited to: criminal and civil judgments;
disciplinary judgments; copies of income tax returns together with
consents to secure original returns; occupation during suspension
and employment related information; financial statements; and
statement of restitution of funds that were the subject matter of
disciplinary proceedings. In cases seeking reinstatement from
incapacity, the petition must also include copies of all pleadings in
the matter leading to placement on the inactive list and all other
matters reasonably required to demonstrate the petitioner’s
character and fitness of the petitioner to resume the practice of law.

(c)-(d) [No Change]

(e) Bar Counsel. When a petition for reinstatement is filed,
the board of governors or staff counsel, if authorized by the board of
governors, may appoint bar counsel to represent The Florida Bar in
the proceeding. The lawyer’s duty is to appear at the hearings and
to prepare and present evidence to the referee evidence that, in the
opinion of the referee or lawyer, will be considered in passing on the
petition.

- 49 -
 (f) Determination of Fitness by Referee HearingReferee
Hearing Determining Fitness. The referee to whom the petition
for reinstatement is referred must conduct the hearing as a trial, in
the same manner, to the extent practical, as provided elsewhere in
these rules. The referee may not refer the petition to civil or
grievance mediation. The referee must decide the petitioner’s
fitness of the petitioner to resume the practice of law. In making
this determination, the referee will consider whether the petitioner
has engaged in any disqualifying conduct, the character and fitness
of the petitioner, and whether the petitioner has been rehabilitated,
as further described in this subdivision. All conduct engaged in
after the date of admission to The Florida Bar is relevant in
proceedings under this rule.

(1) Disqualifying Conduct. A record manifesting a
deficiency in the honesty, trustworthiness, diligence, or reliability of
a petitioner may constitute a basis for denial of reinstatement. The
following are considered disqualifying conduct:

(A)-(M) [No Change]

(N) failure of a felony-suspended lawyer to submit
proof that the affected lawyer’s civil rights have been restored; and

(O) holding out as if eligible to practice in any
manner including, but not limited to, use of terms such as lawyer,
attorney, esquire, or counselor at law in any communication
including, but not limited to, letterhead, business cards, websites,
and social media; and

(P) any other conduct that adversely reflects on
the character or fitness of the applicant.

(2) [No Change]

(3) Elements of Rehabilitation. Merely showing that an
individual is now living as and doing those things that should be
done throughout life, although necessary to prove rehabilitation,

- 50 -
does not prove that the individual has undertaken a useful and
constructive place in society. Any petitioner for reinstatement from
discipline for prior misconduct is required to produce clear and
convincing evidence of rehabilitation including, but not limited to,
the following elements:

(A)-(G) [No Change]

The requirement of positive action is appropriate for persons
seeking reinstatement to the bar as well as for applicants for
admission to the bar because service to one’s community is an
essential obligation of members of the bar.

(4) Educational Requirements.

(A) [No Change]

(B) A petitioner who has been ineligible to practice
for 5 years or more will not be reinstated under this rule until the
petitioner has re-taken and provided proof in the lawyer’s petition
for reinstatement that the lawyer has passed both the Florida
portions of the Florida Bar Examination and the Multistate
Professional Responsibility Examination (MPRE). The results for
both exams must be valid under the Rules of the Supreme Court
Relating to Admission to the Bar when the petition is filed and will
remain valid for at least 3 years after the filing of the petition. A
petitioner must have proof of passing all these required portions of
the bar examination before that petitioner may file a petition for
reinstatement under this subdivision.

(g) Hearing; Notice; Evidence.

(1) Notice. The referee to whom the petition for
reinstatement is referred will fix a time and place for hearing, and
notice of the hearing will be provided at least 10 days prior tobefore
the hearing to the petitioner, to lawyers representing The Florida
Bar, and to other persons who may be designated by the appointed
referee.

- 51 -
 (2) Appearance. Any persons to whom notice is given,
any other interested persons, or any local bar association may
appear before the referee in support of or in opposition to the
petition at any time or times fixed for the hearings.

(3) Failure of Petitioner to be ExaminedPetitioner’s
Failure to Submit to Examination. For the failure of the petitioner to
submit to examination as a witness pursuant to notice given,
theThe referee will dismiss the petition for reinstatement if the
petitioner fails to submit to examination as a witness after notice,
unless good cause is shown for the failure.

(4) Summary Procedure. If after the completion of
discovery bar counsel is unable to discover any evidence on which
denial of reinstatement may be based and if no other person
provides any relevant evidence, barBar counsel may, with the
approval of the designated reviewer and staff counsel, stipulate to
the issue of reinstatement, including conditions for reinstatement if
bar counsel is unable to discover, and no other person provides,
any relevant evidence to deny reinstatement after discovery is
completed. The stipulation must include a statement of costs as
provided elsewhere in these Rules Regulating The Florida Barrules.

(5) Evidence of Treatment or Counseling for Dependency
or Other Medical Reasons. If the petitioner has sought or received
treatment or counseling for chemical or alcohol dependency or for
other medical reasons that relate to the petitioner’s fitness to
practice law, the petitioner must waive confidentiality of suchthat
treatment or counseling for purposes of evaluation ofto evaluate the
petitioner’s fitness. The provisions of rule 3-7.1(d) are
applicableapply to information or records disclosed under this
subdivision.

(h)-(i) [No Change]

(j) Recommendation of Referee and Judgment of the
Court. If the petitioner is found unfit to resume the practice of law,
the petition will be dismissed. If the petitioner is found fit to
resume the practice of law, the referee will enter a report

- 52 -
recommending, and the court may enter an order of, reinstatement
of the petitioner in The Florida Bar; provided, however, that the
reinstatement may be conditioned on the payment of all or part of
the costs of the proceeding and on the making of partial or complete
restitution to parties harmed by the petitioner’s misconduct that led
to the petitioner’s suspension of membership in The Florida Bar or
conduct that led to the petitioner’s incapacity; and, if. If petitioner’s
suspension or incapacity of the petitioner has continued for more
than 3 years, the reinstatement may be conditioned on proof of
competency as may be required by the judgment in the discretion of
the Supreme Court of Florida. Proof may include certification by
the Florida Board of Bar Examiners of the successful completion of
an examination for admission to The Florida Bar subsequent toafter
the date of the suspension or incapacity.

(k) Successive Petitions. No person may file a petition for
reinstatement may be filed within 1 year following an adverse
judgment on a petition for reinstatement filed by or on behalf of the
same person. In cases of incapacity, no petition for reinstatement
may be filed within 6 months followingafter an adverse judgment
under this rule.

(l) Petitions for Reinstatement to Membership in Good
Standing.

(1) [No Change]

(2) Style of Petition. Petitions must be styled in the
Supreme Court of Florida and filed with the Supreme Court of
Florida in accordance with the court’s filing requirements, including
e-filing requirements where applicable. A copy must be served on
staff counsel, The Florida Bar, 651 East Jefferson Street,
Tallahassee, Florida 32399-2300 at the bar’s headquarters address
in Tallahassee.

(3) Contents of Petition. The petition must be verified by
the petitioner and accompanied by a written authorization to the
District Director of the Internal Revenue Service, authorizing the
furnishing of certified copies of the petitioner’s tax returns for the

- 53 -
past 5 years or since admission to the bar, whichever is greater.
The authorization must be furnished on a separate sheet. The
petition must have attached as an exhibit a true copy of all
disciplinary judgments previously entered against the petitioner. It
must also include the petitioner’s statement concerning the
following:

(A) [No Change]

(B) the conduct, offense, or misconduct on which
the suspension or incapacity was based, together with the date of
suchthe suspension or incapacity;

(C)-(F) [No Change]

(G) a statement showing all the petitioner’s
financial obligations of the petitioner, including, but not limited to,
amounts claimed, unpaid, or owing to The Florida Bar Clients’
Security Fund or former clients at the date of filing of the petition,
together with the names and addresses of all creditors;

(H) [No Change]

(I) a statement showing dates, general nature,
and ultimate disposition of every matter involving the petitioner’s
arrest or prosecution of the petitioner during the period of
suspension for any crime, whether felony or misdemeanor, together
with the names and addresses of complaining witnesses,
prosecuting lawyers, and trial judges;

(J) a statement as to whether any applications
were made during the period of suspension for a license requiring
proof of good character for its procurement; and, for each
application, the date and the name and address of the authority to
whom it was addressed, and its disposition;

(K) a statement of any procedure or inquiry,
during the period of suspension, covering the petitioner’s standing
as a member of any profession or organization, or holder of any

- 54 -
license or office, that involved the censure, removal, suspension,
revocation of license, or discipline of the petitioner; and, as to each,
the dates, facts, and the disposition, and the name and address of
the authority in possession of these records;

(L) a statement as to whether any fraud charges
were made or claimed against the petitioner during the period of
suspension, whether formal or informal, together with the dates
and names and addresses of persons making these charges;

(M)-(O) [No Change]

(4) Comments on Petition. On the appointment of a
referee and bar counsel, copies of the petition will be furnished by
the bar counsel to local board members, local grievance
committees, and to other persons mentioned in this rule. Persons
or groups that wish to respond must direct their comments to bar
counsel. The proceedings and finding of the referee will relate to
those matters described in this rule and also to those matters
tending to show the petitioner’s rehabilitation, present fitness to
resume the practice of law, and the effect of the proposed
reinstatement on the administration of justice, and purity of the
courts, and confidence of the public in the profession.

(5) [No Change]

(m) [No Change]

(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 upon 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 such
time as all restitution and disciplinary costs as may have been
ordered or assessed have been paid, together with any interest
accrued.

- 55 -
 (1) Readmission After Disbarment. Except as might be
otherwise provided in these rules, no application for admission may
be tendered within 5 years after the date of disbarment or suchany
longer period of time as the court might determine in the
disbarment order. An order of disbarment that states the
disbarment is permanent precludes readmission to The Florida Bar.

(2) Readmission After Disciplinary Resignation or
Revocation. A lawyer’s petition for disciplinary resignation or
revocation that states that it is without leave to apply for
readmission will preclude any readmission. A lawyer who was
granted a disciplinary resignation or revocation may not apply for
readmission until all conditions of the Supreme Court of Florida’s
order granting the disciplinary resignation or revocation have been
complied with.

Comment
[No Change]

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

If a disciplinary agency is investigating the conduct of a
lawyer, or if such an agency has recommended probable cause,
then disciplinary proceedings shall be deemed to be pending and a
petition for disciplinary revocation may be filed pursuant to this
rule. Disciplinary revocation is tantamount to disbarment in that
both sanctions terminate the license and privilege to practice law
and both require readmission to practice under the Rules of the
Supreme Court Relating to Admissions to the Bar. A lawyer may
seek disciplinary revocation of admission to The Florida Bar during
the progress of disciplinary proceedings in the following manner:

(a) Applicability. A lawyer may seek disciplinary revocation
of admission to The Florida Bar if a disciplinary agency is
investigating that lawyer’s conduct before or after a
recommendation of probable cause.

- 56 -
 (ab) Petition for Disciplinary Revocation. TheA petition for
disciplinary revocation shallmust be styled “In re …..(respondent’s
name)…..,” titled “Petition for Disciplinary Revocation,” filed with
the Supreme Court of Florida in an electronic format approved by
the supreme court, and shall contain a statement of all past and
pending disciplinary actions and criminal proceedings against the
petitioner. The statement shallmust describe the charges made or
those under investigation for professional misconduct, results of
past proceedings, and the status of pending investigations and
proceedings. The petition shallmust state whether it is with or
without leave to apply for readmission to the bar. A copy of the
petition shallmust be served upon the executive director of The
Florida Bar.

(bc) Judgment. Within 60 days after filing and service of the
petition, The Florida Bar shallmust 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 shallmust be
determined by the bar’s board of governors. AThe bar must serve a
copy of the response shall be served upon the petitioner. The
Supreme Court of Florida shallwill 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 the public interest will not be adversely
affected by the granting of the petition and that such will neitherwill
not adversely affect the public interest, the integrity of the courts,
nor hinder the administration of justice, or nor the confidence of
the public in the legal profession. If otherwise,The Supreme Court
of Florida otherwise will deny the petition shall be denied. If the
judgment grants the disciplinary revocation, theA judgment
granting disciplinary revocation may require that the disciplinary
revocation be subject to appropriate conditions. Such conditions
may include including, but shall not be limited to, requiring the
petitioner to submit to a full audit of all client trust accounts, to
execute a financial affidavit attesting to current personal and
professional financial circumstances, and to maintain a current
mailing address with the bar for a period of 5 years after the

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disciplinary revocation becomes final or such another time periodas
the court may order.

(d) Effect of Disciplinary Revocation. Disciplinary
revocation is tantamount to disbarment and terminates the lawyer’s
license and privilege to practice law and requires readmission to
practice under the Rules of the Supreme Court Relating to
Admissions to the Bar.

(ce) Delay of Disciplinary Proceedings. The filing of a
petition for disciplinary revocation shalldoes not stay the progress
of the disciplinary proceedings without the approval of the bar’s
board of governors.

(df) Dismissal of Pending Disciplinary Cases. If
disciplinary revocation is granted by the Supreme Court of Florida
under this rule, suchthe disciplinary revocation shall serves to
dismiss all pending disciplinary cases.

(eg) Costs of Pending Disciplinary Cases. The judgment of
the court granting disciplinary revocation may impose a judgment
for the costs expended by The Florida Bar in all pending
disciplinary cases against the respondent. Such costs shall be of
the types and amountsThese costs are as authorized elsewhere in
these Rules Regulating The Florida Bar.

Comment

The disciplinary revocation rule replaces the former
disciplinary resignation rule, but with added safeguards.
Disciplinary revocation is allowed for a minimum of 5 years up to
permanent disciplinary revocation. The bar’s response to all such
petitions for disciplinary revocation must be determined by the
bar’s board of governors. Disciplinary revocation, like the formerly
allowed disciplinary resignation, is “tantamount to disbarment.”
The Florida Bar v. Hale, 762 So.2d 515, 517 (Fla. 2000). Like
disbarred lawyers, lawyers whose licenses have been disciplinarily
revoked pursuant to disciplinary revocation still remain subject to
the continuing jurisdiction of the Supreme Court of Florida and

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must meet all requirements for readmission to bar membership.
The Florida Bar v. Ross, 732 So.2d 1037, 1041 (Fla. 1998); The
Florida Bar v. Hale, 762 So.2d 515, 517 (Fla. 2000).

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
whichthat 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 in accordance withunder 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.

(b)-(d) [No Change]

RULE 14-1.2. JURISDICTION

(a) Fee Arbitration. The program has jurisdiction to resolve
disputes between members of The Florida Bar or between a member
of The Florida Bar and a client or clients over a fees or costs paid,
charged, or claimed for legal services rendered by a member of The
Florida Bar when the parties to the dispute agree to arbitrate under
the program either by written contract that complies with the
requirements of subdivision (i) of rule 4-1.5, or by a request for
arbitration signed by all parties, or as a condition of probation, or
as a part of a discipline sanction as authorized elsewhere in these
Rules Regulating The Florida Bar. Jurisdiction is limited to matters
in which:

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 (1) there is no bona fide disputed issue of fact other
than the amount of or entitlement to legal fees or costs; and

(2) [No Change]

The program does not have jurisdiction to resolve disputes
involving matters in which a court has taken jurisdiction to
determine and award a reasonable fees or costs to a party or that
involve fees or costs charged that constitute a violation of the Rules
Regulating The Florida Bar, unless specifically referred to the
program by the court or by bar counsel.

The program has authority to decline jurisdiction to resolve
any particular dispute by reason of its complexity and protracted
hearing characteristics.

(b) [No Change]

RULE 14-4.1. ARBITRATION PROCEEDINGS

(a) Institution of Proceedings. All arbitration proceedings
shall beare instituted by the filing of a written consent to arbitration
by written contract between the parties to the arbitration, or orders
of this court in proceedings under these Rules Regulating The
Florida Bar imposing a sanction or condition orof probation, or by
the consent form prescribed in the policies adopted under the
authority of this chapter and signed by each party to the
controversy.

(b) Position Statement and Relevant Documents. Each of
the partiesparty shallmust provide the arbitrator(s) with a concise
statement of that party’s position, including the amount claimed or
in controversy, on the form prescribed and authorized by the
standing committee. If there is a written contract regarding fees or
costs between the parties, a copy of that written contract shallmust
accompany the request or submission.

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 (c) Referral by Intake Counsel or Bar Counsel. Intake
counsel, with the consent of the parties and concurrence of staff
counsel, or bar counsel, with the consent of the parties, and the
concurrence of the chief branch staff counsel, may refer appropriate
cases to the fee arbitration program.

(d) [No Change]

(e) Referral by Board of Governors. The board of
governors, with the agreement of the parties and upon review of a
file referred to it as authorized elsewhere under these Rules
Regulating The Florida Barrules, may refer appropriate cases to the
fee arbitration program if they meet the criteria established by the
policies adopted under the authority of this chapter.

RULE 14-5.2. EFFECT OF AGREEMENT TO ARBITRATE AND
FAILURE TO COMPLY

(a) Closure of Disciplinary File. A disciplinary file that
involves only fees or costs issues shallwill be closed without the
entry of a sanction upon the entry of an agreement to arbitrate.

(b) Effect of Respondent’s Failure to Attend or Comply.
It shall be a violation of the Rules Regulating The Florida Bar for aA
respondent who to fails to attend an agreed-upon arbitration
conference without good cause violates the Rules Regulating The
Florida Bar. Likewise, it shall be a violation of the Rules Regulating
The Florida Bar for a respondent towho fails to fully comply with
the terms of an arbitration award without good cause violates the
Rules Regulating The Florida Bar.

(c) Effect of Complainant’s or Other Opposing Party’s
Failure to Attend. IfThe disciplinary file may remain closed if a file
referred for arbitration is not fully resolved by reason of a
complainant’s or other opposing party’s failure to attend without
good cause, the disciplinary file based thereon may remain closed.

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