IN RE: AMENDMENTS TO RULES REGULATING THE FLORIDA BAR – DISCIPLINE RULES. (2025)

The Florida Bar petitions the Court to amend the Rules Regulating The Florida Bar and the Code for Resolving Professionalism Referrals.¹ We adopt the Bar's proposed amendments with a minor modification.

BACKGROUND

The Bar proposes amending rules 3-5.2 (Emergency Suspension and Interim Probation), 3-5.4 (Publication of Discipline), 3-7.7 (Procedures Before Supreme Court of Florida), 3-7.18 (Disposition of Inquiries or Complaints Referred to the Bar by Members of the Judiciary), 14-4.1 (Arbitration Proceedings), and 20-5.1 (Generally). Additionally, the Bar proposes amending Code for Resolving Professionalism Referrals 1.2 (Referrals to The Florida Bar).

The proposed amendments were approved by the Board of Governors of The Florida Bar 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. No comments were received.

We hereby adopt the Bar's proposed amendments to the Rules Regulating The Florida Bar and the Code for Resolving Professionalism Referrals with a minor modification. We explain the modification below, along with some of the more significant rule changes.

AMENDMENTS

Rule 3-5.2(b) (Petition for Interim Probation) is amended to include four new subdivisions. The new subdivisions establish a process by which a lawyer may move to dissolve or amend an order imposing interim probation. Except for the standard to dissolve or amend an interim probation, the process established by the new subdivisions is the same as the process in subdivision (a) (Emergency Suspension) by which a lawyer may seek to dissolve or amend an emergency suspension.

Next, rule 3-7.7(c)(3) (Procedure for Review; Briefs) is amended to align the time periods for filing answer, reply, and cross-reply briefs with the time periods for filing such briefs in Florida Rule of Appellate Procedure 9.210(g) (Time for Service of Briefs). Specifically, the time periods in subdivision (c)(3) to file an answer, reply, or cross-reply briefs are extended from 20 days to 30 days after service of the opposing party's brief.

Rule 3-7.18(a)(2) is amended to limit the applicability of the judicial referral process. Under the amended rule, a judicial referral may not address “allegations of violations of canons, rules, or law relating to judicial elections.” Such allegations must instead be provided to the Bar using the normal complaint process. Also, under the amended rule, a judge may only submit a judicial referral with respect to those matters the judge becomes aware of in the course of his or her official duties as a judicial officer. To make this requirement clear, we revise the Bar's proposal to read, “The member of the judiciary submitting the referral must have obtained the information about the bar member's conduct during the course of the member of the judiciary's official duties as a judicial officer.”

Rule 20-5.1(a) is amended to make persons “currently on the inactive list due to incapacity” ineligible to become a registered paralegal. And Code for Resolving Professionalism Referrals 1.2 is amended to require the Bar to refer back to a Local Professionalism Panel for handling through its informal processes any conduct the panel referred to it that “does not result in bar disciplinary proceedings or diversion to a practice and professionalism program in lieu of discipline.”

CONCLUSION

Accordingly, the Rules Regulating The Florida Bar and the Code for Resolving Professionalism Referrals 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 become effective October 27, 2025, at 12:01 a.m.

It is so ordered.

APPENDIX

FOOTNOTES

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

PER CURIAM.

MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS, FRANCIS, and SASSO, JJ., concur.