Supreme Court of Florida

____________

No. SC2024-0030

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IN RE: AMENDMENTS TO RULES REGULATING THE FLORIDA 

BAR – MISCELLANEOUS PETITION.

May 9, 2024

CORRECTED OPINION

PER CURIAM.

The Florida Bar has filed a petition proposing amendments to 

Rules Regulating The Florida Bar 1-3.2 (Membership 

Classifications), 1-3.3 (Official Bar Name and Contact Information),

1-3.7 (Reinstatement to Membership), 1-7.3 (Membership Fees),

11-1.8 (Continuation of Practice Program After Completion of Law 

School Program or Graduation), and 20-3.1 (Requirements for 

Registration). The Bar also proposes amendments to Bylaw 2-3.10 

(Meetings) and to Chapter 8 (Lawyer Referral Rule).

The Florida Bar’s Board of Governors approved the proposed 

amendments, and the Bar published the amendments for comment

in The Florida Bar News. No comments were received.
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Having considered the Bar’s petition, we amend the Rules 

Regulating The Florida Bar, essentially as proposed by the Bar but 

with minor modifications. 

The amendments provide that only members of the Bar in 

good standing may elect inactive status, and that the Bar can waive 

or extend continuing legal education or basic skills course 

requirements upon a showing of hardship. The amendments also 

clarify that Bar members must practice under their official Bar 

names and must notify the Bar of any other states where they are 

licensed to practice. In addition, the amendments allow graduates 

of accredited law schools who have applied to the Bar and received 

their initial clearance letters from the Florida Board of Bar 

Examiners to work for 18 months for the same entities and under 

the same restrictions as students from law school practice 

programs. The Bar’s petition would have set the maximum term for 

this work provision at 12 months, but we modify this number to 18 

months in light of recent amendments whereby we expanded the 

maximum term to 18 months for practice program students. See In 

re Amends. to Rule Regulating Fla. Bar 11-1.8, 380 So. 3d 441 (Fla. 

2024). 
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The amendments also update and restructure chapter 8, 

which addresses lawyer referral services. In particular, the 

amendments prohibit participation in a lawyer referral service 

program if the Bar member is facing disciplinary proceedings or has 

been disciplined in the past 5 years (10 years for discipline resulting 

in suspension or disbarment).

Next, the amendments add to rule 20-3.1 the option for a 

person to become a Florida Registered Paralegal via an attestation of 

paralegal work experience from an employing or supervising 

attorney—an option that was originally included in the rule but was 

initially intended only as a temporary measure. 

Finally, several technical and stylistic revisions are made 

throughout the rules to improve clarity and promote internal 

consistency and consistency with other rulesets.

Accordingly, the Rules Regulating The Florida Bar are 

amended as reflected in the appendix to this opinion. New 

language is indicated by underscoring; deletions are indicated by 

struck-through type. The amendments shall become effective July 

8, 2024, at 12:01 a.m.

It is so ordered.
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MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS, 

FRANCIS, and SASSO, JJ., concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER 

THE EFFECTIVE DATE OF THESE AMENDMENTS.

F. Scott Westheimer, President, Roland Sanchez-Medina, Jr., 

President-elect, Rosalyn Sia Baker-Barnes, President-elect 

Designate, Elizabeth Clark Tarbert, Director, Lawyer Regulation, 

and Joshua E. Doyle, Executive Director, The Florida Bar, 

Tallahassee, Florida,

for Petitioner
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APPENDIX

RULE 1-3.2. MEMBERSHIP CLASSIFICATIONS

(a) [No change]

(b) Inactive Members. Inactive members of The Florida Bar

means only those members who have properly elected to be 

classified as inactive in the manner elsewhere provided. A member 

may elect inactive status only if the member is currently in good 

standing.

Inactive members will:

(1)– (8) [No change]

Failure of an inactive member to comply with all these 

requirements is cause for disciplinary action.

An inactive member may, at any time, apply for reinstatement to 

active membership in good standing to become eligible to practice 

law in Florida in the manner provided in rule 1-3.7.

RULE 1-3.3. OFFICIAL BAR NAME AND CONTACTREQUIRED

INFORMATION

(a) Designation. Each member of The Florida Bar must 

designate an official bar name, mailing address, business telephone 

number, and business e-mail address. The official bar name may 

not be a fictitious name. If the physical location or street address is 

not the principal place of employment, the member must also 

provide an address for the principal place of employment. The 

Florida Bar may excuse a bar member from the requirement of 

providing an e-mail address if the bar member has been excused by 

the court from e-service or the bar member demonstrates that the 

bar member has no e-mail account and lacks Internet service at the 

bar member’s office.

(b) Notice of Admission to Other Jurisdictions. Each member 

of The Florida Bar must notify The Florida Bar of all other states, 

including the District of Columbia, in which that member is 

licensed to practice law.
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(c) Practice Under Official Bar Name. A member must 

practice only under the member’s official bar name. This rule does 

not prohibit a lawyer from using a law firm name that does not 

include the lawyer’s official bar name in compliance with other 

Rules Regulating The Florida Bar.

(bd) Changes. Each member must promptly notify the 

executive director of any changes in any information required by 

this rule. The official bar name of each member of The Florida Bar 

must be used in the course of the member’s practice of law. 

Members may change their official bar name only by sending a 

request to the Supreme Court of Florida. The court must approve 

all official bar name changes.

RULE 1-3.7. REINSTATEMENT TO MEMBERSHIP

(a) [No change]

(b) Petitions Required. A member seeking reinstatement must 

file a petition with the executive director setting forth the reason for 

inactive status, retirement, or delinquency and showing good cause 

why the petition for reinstatement should be granted. The 

petitioner must include all required information on a form approved 

by the board of governors. The petition must be accompanied by a 

nonrefundable reinstatement fee of $150 and payment of all 

arrearages unless adjusted by the executive director with 

concurrence of the executive committee for good cause shown. 

Inactive members are not required to pay the reinstatement fee. No 

member will be reinstated if, from the petition or from investigation 

conducted, the petitioner is not of good moral character and morally 

fit to practice law or if the member is delinquent with the 

continuing legal education or basic skills course requirements, 

except that the executive director has discretion to waive or extend 

the time period to complete continuing legal education or basic 

skills course requirements on a showing of undue hardship.

If the executive director is in doubt as to approval of a petition, 

the executive director may refer the petition to the board of 

governors for its action. Action of the executive director or board of 
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governors denying a petition for reinstatement may be reviewed on 

petition to the Supreme Court of Florida.

(c) – (g) [No change]

RULE 1-7.3. MEMBERSHIP FEES

(a) Membership Fees Requirement. On or before July 1 of 

each year, every member of The Florida Bar must pay annual 

membership fees to The Florida Bar in the amount of $265 per 

annum, except those members who have retired, resigned, been 

revoked or disbarred, or been classified as inactive members due to 

incapacity under rule 3-7.13chapter 3. Every member of The 

Florida Bar must pay the membership fee and concurrently file a 

fee statement with any information the board of governors requires.

(b) – (f) [No change]

BYLAW 2-3.10. MEETINGS

The board of governors will hold 6 regular meetings each year, 

at least 1 of which will be held in Tallahassee. The president-elect 

selects the places and times of the meetings to be held during the 

president-elect’s term as president, subject to the approval of the 

board of governors. Special meetings will be held at the direction of 

the executive committee or the board of governors. Any member of 

The Florida Bar in good standing may attend meetings at any time 

except when the board is in executive session concerning 

disciplinary matters, personnel matters, member objections to 

legislative positions of The Florida Bar, or receiving attorney-client 

adviceas defined in the board of governors standing board policies. 

MinutesThe executive director or executive director’s designee must 

take and maintain minutes of all meetings will be kept by the 

executive director.

RULE 8-1.1. STATEMENT OF POLICY AND PURPOSES

Every citizen of the state should have access to the legal system. 

A person’s access to the legal system is enhanced by the assistance 

of a qualified lawyer. Citizens often encounter difficulty in 

identifying and locating lawyers who are willing and qualified to 
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consult with them about their legal needs. To this end bonaBona

fide not-for-profit state and local bar associations are uniquely 

qualified to provide lawyer referral services under supervision by 

The Florida Bar for the benefit of the public. It is the policy of The 

Florida Bar’s policy is to support the establishment of local lawyer 

referral services and to encourage those services to: (a) make legal 

services readily available to the general public through a referral 

method that considers the client’s financial circumstances, spoken 

language, geographical convenience, and the type and complexity of 

the client’s legal problem; (b) provide information about lawyers and 

the availability of legal services that will aid in the selection of a 

lawyer; (c) inform the public when and where to seek legal services 

and provide an initial determination of whether those services are 

necessary or advisable; and (d) provide referral to consumer, 

government, and other agencies when the individual’s best interests 

so dictate.

RULE 8-2.1. REQUIREMENTS FOR ESTABLISHING A LAWYER 

REFERRAL SERVICE SPONSORED BY A LOCAL BAR 

ASSOCIATION

The Board of Governors of The Florida Bar may adopt such 

regulations as it deems desirable governing the establishment, 

operation, and termination of lawyer referral services operated by a 

local bar association.

NoA local bar association shallmay operate a lawyer referral 

service except upon application to andonly on approval by theThe 

Florida Bar Board of Governors of The Florida Bar. No lawyer 

referral service shall be approved by The Florida Bar unless suchA

lawyer referral service sponsored by a local bar association must be

is offered primarily for the benefit of the public and unless such 

lawyer referral service is established and operated by a nonprofit 

organization exempt from federal taxation under section 501(c)(3), 

501(c)(4), or 501(c)(6) of the Internal Revenue Code of 1986.
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RULE 8-2.2. LOCAL BAR ASSOCIATION SPONSORED LAWYER 

REFERRAL BYLAWS

The bylaws or rules and regulations that govern an existing 

lawyer referral service or the proposed bylaws or rules and 

regulations that will govern a proposed lawyer referral service must 

include the following.

(a) Proof of Professional Liability Insurance. All members of 

the lawyer referral service must maintain and provide proof to the 

sponsoring local bar association of professional liability insurance 

in the minimum amount of $100,000, unless the proposed lawyer 

referral service itself carries professional liability insurance in an 

amount not less than $100,000 per claim or occurrence.

(b) Membership Restricted to Geographic Area. All members 

of the lawyer referral service must maintain an office in the 

geographic area served by the proposed lawyer referral service.

(c) Membership Eligibility. Membership in the lawyer referral 

service is limited to members of The Florida Bar in good standing 

with no pending disciplinary matters in which probable cause has 

been found by any court or other authorized disciplinary agency of 

any jurisdiction.

(1) Membership will be denied if, at the time of the initial 

application, the applicant:

(A) has a disciplinary matter with a finding of probable 

cause pending in any court or other authorized disciplinary 

agency of any jurisdiction;

(B) has received within the past 5 years:

(i) any discipline by any court or other authorized 

disciplinary agency of any jurisdiction; or

(ii) any judgment, conviction (whether or not 

adjudicated), or determination in a court or administrative 

proceeding of the commission of any act of false 

statement, fraud, dishonesty, or misrepresentation;
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(C) has received within the past 10 years:

(i) any determination by any court or other authorized 

disciplinary agency of any jurisdiction resulting in 

suspension; or

(ii) disciplinary revocation, disciplinary resignation, 

disbarment, or their equivalents of the applicant’s license 

to practice law; or

(D) is currently on probation with any court or other 

authorized disciplinary agency of any jurisdiction, in which 

case the lawyer referral service will not consider the 

application until the lawyer has successfully completed the 

probationary period.

(2) The lawyer referral service will suspend membership of a 

member if probable cause is found by any court or other 

authorized disciplinary agency of any jurisdiction.

(3) The lawyer referral service will remove a member if the 

member has:

(A) willfully failed to abide by the bylaws or rules of the 

proposed lawyer referral service;

(B) signed any application or other certification or report 

to the proposed lawyer referral service that is found to be 

untrue in any material respect; or

(C) become ineligible to provide the legal services for which 

persons are referred.

RULE 8-2.23. CONTENTS OF APPLICATION

An application by aA local bar association to the Board of 

Governors of The Florida Bar for authorityseeking approval to 

operate a lawyer referral service under this chapter must be in 

writing filedfile a written application with The Florida Bar the 

executive director. The application must containing the following

information:
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(a) Statement of Benefits. Aa statement of the benefits to the 

public to be achieved by the implementation ofimplementing the 

lawyer referral service.;

(b) Proof of Nonprofit Status. Proofproof that the referral 

service is established and operated by a nonprofit organization 

exempt from federal taxation under section 501(c)(3), 501(c)(4), or 

501(c)(6) of the Internal Revenue Code of 1986.;

(c) Submission and Content of Bylaws. Thethe proposed 

bylaws or rules and regulations that will govern the lawyer referral 

service; must include the following regulations:

(1) All members of the proposed referral service must provide 

proof of professional liability insurance in the minimum amount 

of $100,000 unless the proposed lawyer referral service itself 

carries professional liability insurance in an amount not less 

than $100,000 per claim or occurrence.

(2) The proposed lawyer referral service will accept 

membership applications only from lawyers who maintain an 

office in the geographic area served by the proposed lawyer 

referral service.

(3) The proposed lawyer referral service agrees to maintain 

an alphabetical member list, updated quarterly, with The Florida 

Bar. In turn, The Florida Bar will notify the service of any 

unresolved finding of probable cause against a member. When 

probable cause has been found at the local grievance committee 

level, and the lawyer referral service has been notified, the 

service must hold referral to the member in question until the 

matter is resolved. If the member is in good standing with The 

Florida Bar and eligible to practice law in Florida after the 

resolution of the matter, then the member may be returned to 

the service.

(d) Estimated Number of Panel Members. Thethe estimated 

number of lawyers who will participate in the service.;

(e) Number of Local Lawyers. Thethe number of lawyers in the 

area.;
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(f) Statement of Need. Aa statement of the condition that 

evidencesdemonstration of a need for the service in the area.;

(g) Geographic Operational Area. Thethe geographic area in 

which the proposed referral service will operate.;

(h) Statement of Operation. Aa statement of how the lawyer 

referral service will be conducted.;

(i) Statement of Fees. Aa statement of fees to be charged by 

the lawyer referral service, including, but not limited to, fees 

charged by the referral service to members of the public using the 

service and fees charged by the referral service or remitted to the 

referral service by member lawyers.;

(j) Statement of No Discrimination. Aa statement that the 

lawyer referral service will be open for referral to the members of the 

public without regard to race, sex, ethnicity, gender, religion, 

national origin, disability, marital status, sexual orientation, age, or

socioeconomic status, employment, or physical characteristic.; and

(k) Statement of No Discrimination in Local Bar 

Membership. Aa statement that the local bar association is 

representative of the profession in the area of the service and is 

open to all members of the profession on an equal basis.

RULE 8-2.34. APPROVAL OF APPLICATION

The board of governors may approve or disapprove the 

application to operate a lawyer referral service or it may call 

forrequire additional information upon which to base its decision. 

No lawyer referral service shall be commenced by or on behalf of a 

local bar association until approval thereof has been communicated 

in writing from the Board of Governors of The Florida BarThe board 

of governors’ written decision will be provided to the applicant.
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8-3. SUPERVISION AND REPORTING REQUIREMENTS

RULE 8-3.1. SUPERVISION

The Florida Bar must actively supervise the operation and 

conduct of all lawyer referral services established under this 

chapter at no charge to the local bar association or its lawyer 

referral service.

RULE 8-3.12. SUPERVISION AND REPORTING REQUIREMENTS

Any lawyer referral service approved by The Florida Bar and 

operated by a local bar association shall submit 3 quarterly reports 

and an annual report to The Florida Bar. The reports shall contain:

(a) a statement of the sources of income by category and 

amount;

(b) a statement of expenditures by category and amount;

(c) the number of attorneys who were members of the lawyer 

referral service for the reporting period and special panels, if any;

(d) the number of inquiries received by the referral service from 

members of the public during the reporting period;

(e) the number of referrals for legal services made by the service 

during the reporting period;

(f) the number of referrals for nonlegal services made by the 

service during the reporting period;

(g) a statement of the operation of the lawyer referral service, 

including the number of personnel employed and the means by 

which referrals are made by the service; and

(h) a statement of changes, if any, to the bylaws and regulations 

governing the lawyer referral service.

The annual report shall also contain a proposed budget for the 

next year and a statement of any material changes in the operation 
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of the lawyer referral service since the filing of the initial application 

under rule 8-2.2 above.

(a) Quarterly Reports. Any lawyer referral service approved by 

The Florida Bar and operated by a local bar association must 

submit quarterly reports to The Florida Bar containing:

(1) a statement of the sources of income by category and 

amount;

(2) a statement of expenditures by category and amount;

(3) the number of lawyers who were members of the lawyer 

referral service for the reporting period and special panels, if 

any;

(4) the number of inquiries received by the referral service 

from members of the public during the reporting period;

(5) the number of referrals for legal services made by the 

service during the reporting period;

(6) the number of referrals for nonlegal services made by the 

service during the reporting period;

(7) a statement of the operation of the lawyer referral service, 

including the number of personnel employed and the means by 

which referrals are made by the service; and

(8) a statement of changes, if any, to the bylaws and 

regulations governing the lawyer referral service.

(b) Annual Report. Any lawyer referral service approved by The 

Florida Bar and operated by a local bar association must submit an 

annual report to The Florida Bar that contains the information in 

the quarterly reports above plus a proposed budget for the following 

year and a statement of any material changes in the operation of 

the lawyer referral service since the filing of the initial application or 

the immediate past annual report, whichever is later.

(c) Disciplinary History Request for New Applicants. Any 

lawyer referral service approved under this chapter must notify The 
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Florida Bar in the manner specified by the bar of each new 

applicant and obtain that applicant’s disciplinary history before 

admitting the applicant to membership.

(d) Notice of Removal or Resignation of Panel Members. Any 

lawyer referral service approved under this chapter must notify The 

Florida Bar in the manner specified by the bar of each member who 

is removed from or voluntarily stops participation with the approved 

lawyer referral service.

The Florida Bar shall actively supervise the operation and 

conduct of all lawyer referral services established under this 

chapter and may require such other information as it deems 

necessary to determine the benefits of such service to the public 

and the achievement of the policies stated herein. The Florida Bar 

shall not make any charge to the local bar association or its lawyer 

referral service for such supervision.

RULE 8-4.1. REVOCATION

Upon good cause shown, theThe board of governors may revoke 

the authority of any bar association to operate a lawyer referral 

service for good cause. Good cause includes, but is not limited to, 

failure to comply with any requirements of this chapter.

RULE 8-5.1. GENERALLY

The staff of The Florida Bar Lawyer Referral Service, as well as

and any local bar associations with a lawyer referral service 

approved under rule 8-2.1this chapter, including their directors, 

officers, lawyer referral service committees, and staff, have absolute 

immunity from civil liability for all acts in the course of their official 

duties in furtherance ofunder this chapter.

RULE 11-1.8. CONTINUATION OF PRACTICE PROGRAM AFTER 

COMPLETION OF LAW SCHOOL PROGRAM OR GRADUATION

(a) Certification. A law student at an American Bar 

Association-approved Florida law school who has filed an 

applicationapplied for admission to The Florida Bar, received an 

initial clearance letter as to character and fitness from the Florida 
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Board of Bar Examiners, completed a law school practice program 

awarding a minimum of 3 semester credit hours or the equivalent 

or requiring at least 200 hours of actual participation in the 

program, and had certification withdrawn by thewhose law school 

dean has withdrawn certification for by reason of successful 

completion of the program or graduated from law school following 

successful completion of the program may make appearances for 

any of the same supervisory authorities under the same 

circumstances and restrictions that were applicable to students in 

law school programs under this chapter if the supervising lawyer:

(1) – (3) [No change]

(b) Graduates of Non-Florida Law Schools. A graduate of an 

American Bar Association-approved non-Florida law school may 

qualify for continuation in the practice program if the graduate has 

filed an application for admission to The Florida Bar, received a 

letter of initial clearance as to character and fitness from the Florida 

Board of Bar Examiners, and has successfully completed a clinical 

program in law school that met the definition of a law school 

practice program under rule 11-1.2 that awarded a minimum of 3 

semester hours or the equivalent or required at least 200 hours of 

actual participation in the program.

(b) Certification of Law School Graduates. A graduate of an 

American Bar Association-approved law school who has filed an 

application to The Florida Bar and received an initial clearance 

letter as to character and fitness from the Florida Board of Bar 

Examiners may appear for the maximum term of certification of 18

months from graduation for the same entities and under the same 

restrictions that apply to students in law school practice programs 

under this chapter if the supervising lawyer: 

(1) files a certificate of the dean of the law school, or a person 

designated by the dean, that the applicant graduated from law 

school on the date stated in the certificate; 

(2) files the Florida Board of Bar Examiner’s initial clearance 

letter of the applicant as to character and fitness; and 
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(3) further certifies that the lawyer assumes the duties and 

responsibilities of the supervising lawyer as provided by other 

provisions of this rule.

(c) – (e) [No change]

RULE 20-3.1. REQUIREMENTS FOR REGISTRATION

In order to be a Florida Registered Paralegal under this chapter, 

an individual must meet 1 of the following requirements.

(a) – (b) [No change]

(c) Grandfathering ReapplicationDesignation by Attestation. 

A paralegal who was registered under the grandfathering provision 

on or prior to March 1, 2011, who resigns or whose registration is 

revoked may reapply based on work experience alone. The paralegal 

must provide work experience as defined elsewhere in these rules 

for 5 of the 8 years immediately preceding the date of reapplicationA 

person who does not meet the requirements of subdivisions (a) or 

(b) may become a Florida Registered Paralegal by meeting the 

following requirements:

(1) providing attestation from an employing or supervising 

lawyer on a form approved by The Florida Bar that the person 

has paralegal work experience as defined elsewhere in these 

rules for 5 of the 8 years immediately preceding the date of the 

attestation and a statement of proficiency describing the 

applicant’s work experience as a paralegal; and 

(2) submitting at the time of the application proof that the 

applicant has completed the following continuing education 

requirements within the prior 3 years from the date of the 

application: 30 hours of general continuing education including 

10 hours of ethics/professionalism, and 3 hours of technology. 

Acceptable courses include those approved for credit by The 

Florida Bar, NALA, or the NFPA.