Supreme Court of Florida
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No. SC2023-1412
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IN RE: AMENDMENTS TO RULES REGULATING THE FLORIDA
BAR - CONTINUING LEGAL EDUCATION.
February 29, 2024
CORRECTED OPINION
PER CURIAM.
We recently amended Rule Regulating The Florida Bar 6-10.3
(Minimum Continuing Legal Education Standards) to reduce the
minimum number of continuing legal education credit hours
required for Bar members from 33 to 30 and to require all members
to complete a two-credit hour Florida Legal Professionalism course.
In re Code for Resolving Professionalism Referrals and Amends. to
Rule Regulating Fla. Bar 6-10.3, 367 So. 3d 1184 (Fla. 2023). To
bring other rules into alignment with those amendments, the Bar
has filed a petition proposing amendments to 1-3.7 (Reinstatement
to Membership), 6-10.3 (Minimum Continuing Legal Education
Standards), 6-12.3 (Requirement), 6-12.4 (Deferment and
Exemption), 20-6.1 (Generally), and 21-3.1 (Continuing Legal
Education).1
The Florida Bar’s Board of Governors approved the proposed
amendments, and the Bar published the proposed amendments for
comment on its website.2 No comments were received.
Having considered the Bar’s petition, we amend the Rules
Regulating The Florida Bar as proposed by the Bar. Throughout
these rules, the references to 33 credit hours are amended to 30
credit hours. Additionally, any references to 11 or 22 credit hours,
which were proportionately tied to the former 33-credit hour
requirement, are reduced accordingly. Grammatical changes are
also made to improve clarity and promote consistency throughout
the Bar Rules.
Accordingly, we amend the Rules Regulating The Florida Bar
as reflected in the appendix to this opinion. New language is
1. We have jurisdiction. See art. V, § 15, Fla. Const.; R.
Regulating Fla. Bar 1-12.1.
2. The Bar published the proposed amendments for comment
in the online version rather than the print version of The Florida Bar
News to expedite the filing of this petition because the Court’s
amendments to rule 6-10.3 became effective January 8, 2024.
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indicated by underscoring; deletions are indicated by struck-
through type. The amendments are effective as of January 8, 2024.
It is so ordered.
MUÑIZ, C.J., and CANADY, COURIEL, GROSSHANS, FRANCIS, and
SASSO, JJ., concur.
LABARGA, J., concurs in part and dissents in part with an opinion.
THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER
THE EFFECTIVE DATE OF THESE AMENDMENTS.
LABARGA, J., concurring in part and dissenting in part.
In almost all respects, I concur with today’s amendments to
the Rules Regulating The Florida Bar. However, consistent with my
dissent to the removal of “fairness and diversity” from the list of
permissible topics for continuing judicial education ethics courses, 3
I dissent to the removal of “bias elimination” from the list of
continuing legal education topics authorized under amended rule
21-3.1(d).
Original Proceeding – Florida Rules Regulating The Florida Bar
Joshua E. Doyle, Executive Director, F. Scott Westheimer,
President, Roland Sanchez-Medina, Jr., President-elect, and
Elizabeth Clark Tarbert, Division Director, Lawyer Regulation,
3. See In re Amends. to Fla. Rule of Gen. Prac. & Jud. Admin.
2.320, 356 So. 3d 766, 769 (Fla. 2023) (Labarga, J., dissenting).
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The Florida Bar, Tallahassee, Florida,
for Petitioner
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APPENDIX
RULE 1-3.7. REINSTATEMENT TO MEMBERSHIP
(a) Eligibility for Reinstatement. Members who have retired
or been delinquent for a period of time not in excess ofless than 5
years are eligible for reinstatement under this rule. Time will be
calculated from the daydate of the retirement or delinquency.
Inactive members may also seek reinstatement under this rule.
(b) [No Change]
(c) Members Who Have Retired or Been Delinquent for Less
Than 5 Years, But More Than 3 Years. Members who have retired
or been delinquent for less than 5 years, but more than 3 years,
must complete 1110 hours of continuing legal education courses for
each year or portion of a year that the member had retired or was
deemed delinquent.
(d) Members Who Have Retired or Been Delinquent for 5
Years or More. Members who have retired or have been deemed
delinquent for a period of 5 years or longermore will not be
reinstated under this rule and must be readmitted upon application
to the Florida Board of Bar Examiners and approval by the
Supreme Court of Florida.
(e) – (f) [No Change]
(g) Inactive Members. Inactive members may be reinstated to
active membership in good standing toand become eligible to
practice law in Florida by petition filed with the executive director,
in the form and as provided in (b) above, exceptsubject to the
following conditions:
(1) If the member has been inactive for greatermore than 5
years, has been authorized to practice law in another
jurisdiction, and either actively practiced law in that jurisdiction
or held a position that requires a license as a lawyer for the
entire period of time, the member will be required to complete
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the Florida Law Update continuing legal education course as
part of continuing legal education requirements.
(2) If the member has been inactive for greatermore than 5
years and does not meet the requirements of subdivision (1), the
member will be required to complete the basic skills course
requirement and the 330-hour continuing legal education
requirement.
(3) [No Change]
RULE 6-10.3. MINIMUM CONTINUING LEGAL EDUCATION
STANDARDS
(a) [No Change]
(b) Minimum Hourly Continuing Legal Education
Requirements. Every member must complete a minimum of 30
credit hours of approved continuing legal education activity every 3
years. At least 3 of the 30 credit hours must be in approved
technology programscourses. At least 5 of the 30 credit hours must
be in approved legal ethics, professionalism, substance abuse, or
mental health and wellness programscourses; as part of the 5 credit
hours, each member must complete, during each reporting cycle,
the 2-credit hour Florida Legal Professionalism course produced by
The Florida Bar and approved by the Supreme Court of Florida.
Completion of the basic skills course that is certified as including
the curriculum of the court-approved Florida Legal Professionalism
course complies with the 2-credit hour professionalism
requirement. If a member completes more than 30 credit hours
during any reporting cycle, the excess credits cannot be carried over
to the next reporting cycle.
(c) Exemptions. Eligibility for an exemption, under policies
adopted under this rule, is available for:
(1) Automatic Exemption. The following are automatically
exempt from continuing legal education requirements without
application:
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(A) members of the full-time federal judiciary who are
prohibited from engaging in the private practice of law;
(B) justices of the Supreme Court of Florida; judges of the
district courts of appeal, circuit courts, and county courts;
and other judicial officers and employees as designated by
the Supreme Court of Florida; and
(C) inactive Florida Bar members.
(2) Application for Exemption. A Florida Bar member may
apply for and be granted an exemption from compliance and
reporting of continuing legal education for:
(1A) active military service;
(2B) undue hardship; or
(3C) nonresident membersresiding outside the state of
Florida and not delivering legal services or advice on matters
or issues governed by Florida law while a nonresident;
(4) members of the full-time federal judiciary who are
prohibited from engaging in the private practice of law;
(5) justices of the Supreme Court of Florida and judges of the
district courts of appeal, circuit courts, and county courts, and
other judicial officers and employees as designated by the
Supreme Court of Florida; and,
(6) inactive members of The Florida Bar.
(d) – (f) [No Change]
(g) Skills Training Preadmission. The board of legal
specialization and education may approve for CLER credit a basic
skillsbasic-skills or entry levelentry-level training programcourse
developed and presented by a governmental entity for continuing
legal education requirement credit. Credit earned through
attendance at an approved course developed and presented by a
governmental entity is applicable under subdivision (b) of this rule if
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taken within 12 months prior tobefore admission to The Florida
Bar.
RULE 6-12.3. REQUIREMENT
(a) Course Components. Compliance with BSCRthe basic
skills course requirement includes:
(1) completion of a Practicing with Professionalism
programcourse sponsored by the YLDYoung Lawyers Division,
which must include the curriculum of the 2-credit hour Florida
Legal Professionalism course required by rule 6-10.3(b); and
(2) completion of 3 elective, basic,21 credit hours of Young
Lawyers Division-sponsored substantive, basic-level continuing
legal education programscourses sponsored by the YLD.
(b) Time for Completion. BSCRThe basic skills course
requirement must be completed as follows:
(1) theThe Practicing with Professionalism programcourse
must be completed no sooner than 12 months prior tobefore or
no later than 12 months followingafter Florida Bar admission to
The Florida Bar; and
(2) theThe 3 elective, basic,21 credit hours of substantive,
basic-level continuing legal education programscourses must be
completed during the member’s initial 3-year continuing legal
education requirement reporting cycle assigned on Florida Bar
admission to The Florida Bar.
RULE 6-12.4. DEFERMENT AND EXEMPTION
(a) Deferment of Practicing with Professionalism
Requirement.
(1) Deferment Eligibility. A Florida Bar member of The
Florida Bar is eligible to defer compliance with the requirements
of rule 6-12.3(a)(1)completion of the Practicing with
Professionalism course if:
(A)-(B) [No change]
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(C) the member is a nonresident member whose primary
office is outside the state of Floridawho does not deliver legal
services or advice on matters or issues governed by Florida
law; or
(D) [No change]
(2) Deferment Expiration. A deferment of the requirements of
rule 6-12.3(a)(1)Practicing with Professionalism course as
provided under this rule expires when the Florida Bar member is
no longer eligible for deferment. On expiration, a Florida Bar
member must:
(A) [No change]
(B) attend the Practicing with Professionalism
programcourse within 12 months of deferment expiration.
(b) Deferment of Substantive Basic Level YLD CoursesSkills
Course Requirement.
(1) Deferment Eligibility. A Florida Bar member of The
Florida Bar is eligible to defer compliance with the requirements
of rule 6-12.3(a)(2)completion of the substantive basic skills
course requirement if:
(A)-(B) [No change]
(C) the member is a nonresident member whose primary
office is outside the state of Floridawho does not deliver legal
services or advice on matters or issues governed by Florida
law;
(D)-(E) [No change]
(2) Deferment Expiration. An undue hardship deferment for
the basic skills course requirement remains in effect for no more
than 1 reporting cycle. A deferment of the requirements of rule
6-12.3(a)(2) as provided under this rulesubstantive basic skills
course requirement for all other reasons expires when the
member is no longer eligible for deferment. On expiration, a
Florida Bar member must:
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(A) [No change]
(B) complete 3 elective, basic,21 credit hours of
substantive, basic-level continuing legal education
programscourses sponsored by the YLDYoung Lawyers
Division within 24 months of deferment expiration.
(c) Exemption.
(1) Governmental Practice. The bar will grant an exemption
from the 3 elective, basic,21 credit hours of substantive, basic-
level continuing legal education programscourses sponsored by
the YLDYoung Lawyers Division required by rule 6-12.3(a)(2) if
athe member has been continuously engaged in the practice of
law for a Florida or federal governmental entity as a full-time
governmental employee for a period of at least 6 years.
(2) Foreign Practice. The bar will grant an exemption from
the 3 elective, basic, 21 credit hours of substantive, basic-level
continuing legal education programscourses sponsored by the
YLDYoung Lawyers Division required by rule 6-12.3(a)(2) if a
member has been continuously engaged in the practice of law
(non-governmental) in a foreign jurisdiction for a period of 5
years, can demonstrate completion of 330 hours of approved
continuing legal education within the immediate 3-year period,
and can attest that the continuing legal education completed has
reasonably prepared the member for the anticipated type of
practice in Florida.
RULE 20-6.1. GENERALLY
Florida Registered Paralegals must complete a minimum of 330
hours of continuing education every 3 years, 5 hours of which must
be in legal ethics or professionalism and 3 hours of which must be
in technology. Acceptable courses include those approved for credit
by The Florida Bar, the National Association of Legal Assistants
(NALA), or the National Federation of Paralegal Associations (NFPA).
A Florida Registered Paralegal who resigns or whose status has
been revoked but is otherwise eligible for re-registration must
complete at least 110 hours of continuing education for each year
the Florida Registered Paralegal was previously registered in order
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to be eligible for re-registration. The new registration will be revoked
unless the continuing education hours are completed before the re-
registration application and posted on The Florida Bar website
within 30 days of the effective date of the re-registration. The
Florida Registered Paralegal will be given a new 3-year continuing
education cycle on re-registration.
Comment
Continuing education is an important component of the Florida
Registered Paralegal program and necessary to maintain the status
of a Florida Registered Paralegal. If a Florida Registered Paralegal
resigns or has had the paralegal’s status revoked at the end of a
continuing education cycle without completing the necessary hours,
the paralegal must show that the paralegal has completed a
minimum of 110 hours of continuing education for each year of the
immediately preceding term that the paralegal was registered. For
example, if the paralegal was registered for 2 years, the paralegal
must complete at least 220 hours of continuing education in order
to re-register. The courses must be completed prior to the date the
paralegal reapplies for Florida Registered Paralegal status. As an
example, assume that a Florida Registered Paralegal was given a
continuing education cycle that ran from January 1, 2011, to
January 1, 2014, and the Florida Registered Paralegal resigned or
had the paralegal’s status revoked in October 2013. If the paralegal
reapplies for Florida Registered Paralegal status in February 2014,
the paralegal must show 220 hours of continuing education credit
completed between January 1, 2011, to January 1, 2014, to be
eligible to re-register. Because a Florida Registered Paralegal must
enter all course credits on The Florida Bar’s website and access to
the portion of the website where credits are posted is not available
during the period the paralegal was not registered, the Florida
Registered Paralegal will have 30 days after re-registration to enter
the credits. Failure to timely enter the credits will result in the
Florida Registered Paralegal’s status being revoked. The Florida
Registered Paralegal will be given a new continuing education cycle
on re-registration. The purpose of this rule is to ensure that Florida
Registered Paralegals continue their education. This is meant to
avoid a situation where a Florida Registered Paralegal has not
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completed the continuing education requirement, resigns, and then
re-registers with a new 3-year cycle, having failed to complete the
requisite hours when previously registered.
If a Florida Registered Paralegal resigns or has the paralegal’s
status revoked during the continuing education cycle, the cycle will
not reset. For example, assume a Florida Registered Paralegal has a
continuing education cycle beginning January 1, 2011, and ending
January 1, 2014. The Florida Registered Paralegal’s status is
revoked in October 2012, for failure to pay the annual renewal. If
the paralegal reapplies and is re-registered in December 2012, the
continuing education cycle will remain the same, and the Florida
Registered Paralegal will have until January 1, 2014, to complete
the necessary hours.
RULE 21-3.1. CONTINUING LEGAL EDUCATION
(a) – (b) [No Change]
(c) Florida Legal Professionalism Course. A lawyer certified to
practice law in Florida as a military spouse must complete the 2-
credit hour Florida Legal Professionalism Course required in rule 6-
10.3(b) within 1 year after certification and must complete the
current approved Florida Legal Professionalism Course within 3
years after certification.
(cd) Minimum Ongoing Requirement. A lawyer certified to
practice law in Florida as a military spouse must complete 110
hours of continuing legal education during each year the
authorization is renewed, including 1 hour of technology and 2
hours of legal ethics, professionalism, bias elimination, substance
abuse, or mental health and wellness each year.
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