IN RE: AMENDMENTS TO THE RULES REGULATING THE FLORIDA BAR (BIENNIAL PETITION HOUSEKEEPING).

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Supreme Court of Florida.

IN RE: AMENDMENTS TO THE RULES REGULATING THE FLORIDA BAR (BIENNIAL PETITION HOUSEKEEPING).

No. SC16-1962

    Decided: November 09, 2017

John F. Harkness, Jr., Executive Director, Michael J. Higer, President, Michelle R. Suskauer, President-Elect, William J. Schifino, Jr., Past President, Lori S. Holcomb, Director, Division of Ethics and Consumer Protection, and Elizabeth Clark Tarbert, Ethics Counsel, The Florida Bar, Tallahassee, Florida, for Petitioner

This matter is before the Court on the petition of The Florida Bar proposing amendments to the Rules Regulating the Florida Bar (Bar Rules). See R. Regulating Fla. Bar 1-12.1. We have jurisdiction. See art. V, § 15, Fla. Const.

The Bar's petition in this case proposes amendments to a number of Bar Rules. According to the petition, the proposals included here address “housekeeping” matters, in that the petition primarily recommends editorial changes, updates to the Bar Rules based on prior amendments, and other changes to codify long-standing practice. The proposals were approved by the Board of Governors, and formal notice of the proposed amendments was published in The Florida Bar News. The notice directed interested persons to file their comments directly with the Court. The Court did not receive any comments.

The Bar proposes amendments to the following Bar Rules: 1-3.7 (Reinstatement to Membership); 3-3.1 (Supreme Court of Florida; disciplinary agencies); 3-3.2 (Board of Governors of The Florida Bar); 3-3.4 (Grievance Committees); 3-3.5 (Circuit court jurisdiction); 3-4.3 (Misconduct and minor misconduct); 3-4.4 (Criminal misconduct); 3-4.6 (Discipline by Foreign or Federal Jurisdiction; Choice of Law); 3-4.7 (Oath); 3-5.4 (Publication of Discipline); 3-7.17 (Vexatious Conduct and Limitation on Filings); 4-1.5 (Fees and Costs for Legal Services); 4-8.3 (Reporting Professional Misconduct); 6-10.1 (Continuing legal education requirement); 6-10.4 (Reporting Requirements); 6-10.7 (Confidentiality); 8-2.2 (Contents of Application); 8-5.1 (Generally); 10-5.1 (Complaint processing); 11-1.7 (Supervision); 11-1.10 (Certification of Members of Out-of-State Bars); and 13-1.2 (Definitions). It also proposes amendments to Bar Bylaws 2-3.10 (Meetings) and 2-9.8 (Law office management assistance service). After fully considering the petition, the Court adopts these “housekeeping” amendments as proposed by the Bar.1

Accordingly, the Court adopts the amendments to the Rules Regulating the Florida Bar as set forth in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type. The comments are offered for explanation and guidance only and are not adopted as an official part of the rules. The amendments shall become effective on February 1, 2018, at 12:01 a.m.

It is so ordered.

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

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FOOTNOTES

1.   The Court made several non-substantive revisions to the Bar proposals for Bylaw 2-3.10 (Meetings), Bar Rule 3-4.4 (Criminal misconduct), and Bar Rule 6-10.7 (Confidentiality) to correct what appeared to be scrivener's errors in those proposals.

PER CURIAM.

LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and LAWSON, JJ., concur.

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