#### THE FLORIDA BAR. In re PETITION TO AMEND the RULES OF the SUPREME COURT of Florida RELATING TO ADMISSIONS TO the BAR-RESIDENCY.

No. 53265.

Supreme Court of Florida.

May 12, 1978.

Russell Troutman, President, Winter Park, Robert L. Floyd, President-elect, Miami, Raymond W. Royce, Palm Beach, and L. David Shear, Tampa, Members of The Board of Governors, and James P. Holla-way, Asst. Staff Counsel, Tallahassee, for The Florida Bar, petitioner.

Thomas R. Caruso, Ville Platte, La.; Jay H. Beckerman, Tallahassee; and Larry S. Stewart, Miami, amici curiae.

PER CURIAM.

In this proceeding we have considered a petition of The Florida Bar to amend both Section 19 of the Revised 1977 Rules of the Supreme Court of Florida relating to admissions to the Bar and Section 10(a) of the Rules and Regulations of the Florida Board of Bar Examiners.

The proposed change would require applicants to be residents of Florida for at least six calendar months immediately prior to filing their application for admission to the Bar or to state that the applicant intends to maintain residence in Florida for a period of at least six calendar months, commencing not later than two months after the date upon which applicants would first take the Florida Bar examination. To comply with the residence, the applicant would be required to be physically present in this State for at least 150 days during the six-month period of residence.

Upon consideration of the petition, briefs and arguments we have determined that *1363the proposed residency requirements should not be adopted.

Accordingly, the petition is denied.

It is so ordered.

OVERTON, C. J., and ADKINS, ENGLAND, SUNDBERG and HATCHETT, JJ., concur.

BOYD, J., concurs specially with an opinion.

ALDERMAN, J., concurs specially with an opinion.

BOYD, Justice,

concurring specially.

Under the present system persons having certain educational and moral attributes are permitted to take the Florida Bar examination without being residents, although some of the jurisdictions from which they come may simultaneously refuse to permit Florida residents to take bar examinations without becoming residents of those jurisdictions. This is fundamentally wrong and constitutes unfair treatment to law students and lawyers residing in Florida who may wish to take bar examinations elsewhere. For a long time I have strongly favored a reciprocal rule which would waive residency requirements for persons in states and jurisdictions which would permit Florida residents to take their bar examinations without becoming residents thereof. I would require Florida residence for those persons coming from jurisdictions which would deny Floridians the opportunity to take their bar examinations without becoming residents of such areas.

I would handle this in the same manner as those states do which permit waiver of bar examinations for only those persons coming from jurisdictions which reciprocate by waiving bar examinations for their residents.

ALDERMAN, Justice,

concurring specialty-

I agree that the present petition should be denied because, in my opinion, The Florida Bar has not shown that its proposed durational residency requirement is reasonably connected to the purpose which it is alleged to serve. I would, however, upon a proper showing, be willing to consider the adoption of a reasonable and workable residency requirement.