Supreme Court of Florida

____________

No. SC21-722

____________

IN RE: AMENDMENTS TO RULE REGULATING THE FLORIDA 

BAR 1-3.10 AND FLORIDA RULE OF GENERAL PRACTICE AND 

JUDICIAL ADMINISTRATION 2.510.

December 9, 2021

PER CURIAM.

The Florida Bar (Bar) and the Florida Rules of General Practice 

and Judicial Administration Committee (Committee) jointly petition 

the Court to amend the Rules Regulating the Florida Bar (Bar 

Rules) and the Florida Rules of General Practice and Judicial 

Administration. We have jurisdiction. Art. V, §§ 2(a), 15, Fla. 

Const.

BACKGROUND

The Bar and Committee propose amending Bar Rule 1-3.10 

(Appearance by Non-Florida Lawyer in a Florida Court) and Rule of 

General Practice and Judicial Administration 2.510 (Foreign 

Attorneys). The two rules both contain the requirements for pro 
- 2 -

hac vice admission in Florida. The proposed amendments address 

repetitiveness between the two rules, ensure consistency between 

them, and alter the fee structure for pro hac vice admission by 

establishing an annual renewal fee in addition to the existing 

application fee—with the amount for both fees to be set by the 

executive director of the Bar.

The Board of Governors of The Florida Bar voted unanimously 

to approve the proposed amendments to Bar Rule 1-3.10, and the 

Committee voted unanimously to approve the proposed 

amendments to rule 2.510. Formal notice of intent to file the 

instant petition was published in The Florida Bar News. Interested 

parties were directed to file their comments with the Court. No 

comments were received.

Having considered the joint petition and proposed 

amendments, we adopt the amendments to Bar Rule 1-3.10 and 

rule 2.510 as proposed by the Bar and Committee with the 

modification described below.
- 3 -

AMENDMENTS

The requirements for pro hac vice admission are deleted 

throughout Bar Rule 1-3.10. New language requiring persons 

applying for pro hac vice admission to comply with the Rules of 

General Practice and Judicial Administration is added to 

subdivisions (a) (Non-Florida Lawyer Appearing in a Florida Court), 

(b) (Lawyer Prohibited from Appearing), and (c) (Content of Verified 

Motion for Leave to Appear) of Bar Rule 1-3.10. New subdivision (d) 

(Nonrefundable Fee) is added to Bar Rule 1-3.10. The new 

subdivision establishes an annual renewal fee alongside the 

currently existing application fee, with the amount for both fees to 

be set by the executive director of the Bar. We modify the proposed 

language of the new subdivision by adding a provision requiring the 

Bar to provide 30 days’ notice to the Florida Supreme Court prior to 

the effectiveness of any fee to be imposed or increased.

Rule 2.510 is amended to reflect the changes in the 

application fee for pro hac vice admission set out in new subdivision 

(d) of Bar Rule 1-3.10. References to the $250.00 application fee 

are deleted throughout rule 2.510, and language is added 
- 4 -

referencing the fee requirement in new subdivision (d) of Bar Rule 

1-3.10.

Accordingly, the Rules Regulating the Florida Bar and the 

Florida Rules of General Practice and Judicial Administration are 

hereby amended as reflected in the appendix to this petition. New 

language is indicated by underscoring; deletions are indicated by 

struck-through type. The amendments shall become effective 

February 7, 2022, at 12:01 a.m.

It is so ordered.

CANADY, C.J., and POLSTON, LABARGA, LAWSON, MUÑIZ, 

COURIEL, and GROSSHANS, JJ., concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER 

THE EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Rules Regulating the Florida Bar and 

Florida Rules of General Practice and Judicial Administration

Joshua E. Doyle, Executive Director, Michael G. Tanner, President, 

Gary S. Lesser, President-elect, and Elizabeth Clark Tarbert, Ethics 

Counsel, The Florida Bar, Tallahassee, Florida; and Stanford R. 

Solomon, Chair, Florida Rules of General Practice and Judicial 

Administration Committee, Tampa, Florida, and Michael Jeffrey 

Korn, Past Chair, Florida Rules of General Practice and Judicial 

Administration Committee, Jacksonville, Florida, and Krys Godwin, 

Staff Liaison, The Florida Bar, Tallahassee, Florida,

for Petitioners
- 5 -

Appendix

RULES REGULATING THE FLORIDA BAR

CHAPTER 1 GENERALLY

1-3 MEMBERSHIP

RULE 1-3.10 APPEARANCE BY NON-FLORIDA LAWYER IN A 

FLORIDA COURT

(a) Non-Florida Lawyer Appearing in a Florida Court. A 

practicing lawyer of another state, in good standing and currently 

eligible to practice, may, upon association of a member of The 

Florida Bar and verified motion, be permitted to practice upon such 

conditions as the court deems appropriate under the circumstances 

of the caseas allowed by. Such lawyer shall comply with the 

applicable portions of this rule and the Florida Rules of General 

Practice and Judicial Administration regarding foreign attorneys. 

That lawyer must also comply with this rule.

(1) Application of Rules Regulating The Florida Bar. Lawyers 

permitted to appear by this rule shall beare subject to these 

Rules Regulating The Florida Bar while engaged in the permitted 

representation.

(2) General Practice Prohibited. Non-Florida lawyers shallare

not be permitted to engage in a general practice before Florida 

courts. For purposes of this rule, more than 3 appearances 

within a 365-day period in separate representations shall beis

presumed to be a “general practice.”

(3) Effect of Professional Discipline or Contempt. Non-Florida 

lawyers who have been disciplined or held in contempt by reason 

offor misconduct committed while engaged in representation 

that is permitted by this rule shall thereafterwill afterwards be 

denied admission under this rule and the applicable provisions 

of the Florida Rules of General Practice and Judicial 

Administration.
- 6 -

(b) Lawyer Prohibited From Appearing. No lawyer is 

authorized to appear pursuant tounder this rule or the applicable 

portions of the Florida Rules of General Practice and Judicial 

Administration regarding foreign attorneys if the lawyer:

(1) is disbarred or suspended from practice in any 

jurisdiction;

(2) is a Florida resident, unless the attorney has an 

application pending for admission to The Florida Bar and has 

not previously been denied admission to The Florida Bar;

(3) is a member of The Florida Bar but ineligible to practice 

law;

(4) has previously been disciplined or held in contempt by 

reason of misconduct committed while engaged in representation 

permitted pursuant to this rule;

(5) has failed to provide notice to The Florida Bar or pay the 

filing fee as required by this rule; or

(6) is engaged in a “general practice” as defined elsewhere in 

this rule

is prohibited by or fails to comply with any requirement imposed 

by the Florida Rules of General Practice and Judicial 

Administration regarding foreign attorneys.

(c) Content of Verified Motion for Leave to Appear. Any 

verified motion filed under this rule or the applicable provisions of 

the Florida Rules of General Practice and Judicial Administration 

relating to foreign attorneysshall include:

(1) a statement identifying all jurisdictions in which the 

lawyer is currently eligible to practice law;

(2) a statement identifying by date, case name, and case 

number all other matters in Florida state courts in which pro 

hac vice admission has been sought in the preceding 5 years, 

and whether such admission was granted or denied;
- 7 -

(3) a statement identifying all jurisdictions in which the 

lawyer has been disciplined in any manner in the preceding 5 

years and the sanction imposed, or all jurisdictions in which the 

lawyer has pending any disciplinary proceeding, including the 

date of the disciplinary action and the nature of the violation, as 

appropriate;

(4) a statement identifying the date on which the legal 

representation at issue commenced and the party or parties 

represented;

(5) a statement that all applicable provisions of this rule and 

the applicable provisions of the Florida Rules of Judicial 

Administration have been read and that the verified motion 

complies with those rules;

(6) the name, record bar address, and membership status of 

the Florida Bar member or members associated for purposes of 

the representation;

(7) a certificate indicating service of the verified motion upon 

all counsel of record in the matter in which leave to appear pro 

hac vice is sought and upon The Florida Bar at its Tallahassee 

office accompanied by a nonrefundable $250 filing fee made 

payable to The Florida Bar or notice of the waiver of the fee; and

(8) a verification by the lawyer seeking to appear pursuant to 

this rule or the applicable provisions of the Florida Rules of 

Judicial Administration and the signature of the Florida Bar 

member or members associated for purposes of the 

representationmust comply with all requirements set forth in 

those rules.

(d) Nonrefundable Fee. The pro hac vice motion filed and 

served on The Florida Bar must be accompanied by a 

nonrefundable fee made payable to The Florida Bar. The lawyer 

granted pro hac vice admission before any court in Florida must 

pay an annual nonrefundable renewal fee each year after the initial 

filing for each year that lawyer is admitted pro hac vice before any 

court in Florida. The initial nonrefundable pro hac vice fee, the 

annual nonrefundable renewal fee, and the date on which the 
- 8 -

annual renewal fee must be paid will be set by the bar’s executive 

director as approved by the Board of Governors. The Florida Bar 

will provide the Florida Supreme Court with 30 days’ notice prior to 

the effectiveness of any increase in the amount of a nonrefundable 

fee or of the imposition of any new fee. 

Comment

Subdivision (a)(2) defines and prohibits the general practice 

before Florida courts by non-Florida lawyers. For purposes of this 

rule, an “appearance” means the initial or first appearance by that 

non-Florida lawyer in a case pending in a Florida court, and 

includes appearing in person or by telephone in court or filing a 

pleading, motion, or other document with the court. A non-Florida 

lawyer making an appearance in a Florida court is required to 

comply with ruleFla. R. Gen. Prac. & Jud. Admin. 2.510 of the 

Florida Rules of Judicial Administration.

This rule does not prohibit a non-Florida lawyer from 

participating in more than 3 cases during any 365-day period; 

instead, it prohibits a non-Florida lawyer from making an initial or 

first appearance in more than 3 cases during any 365-day period.

Example: The following example illustrates the application of 

this rule to a non-Florida lawyer’s appearances. Assume for this 

example that a lawyer licensed to practice in Georgia only has been 

admitted pro hac vice pursuant tounder Fla. R. Gen. Prac. & Jud. 

Admin. 2.510 in 3 separate Florida cases on the following dates: 

January 10, 2008; February 3, 2008; and February 20, 2008.

(1) In this example, the lawyer would be prohibited from 

seeking to appear pro hac vice under Fla. R. Gen. Prac. & Jud. 

Admin. 2.510 in another separate representation until the 

expiration of the 365-day period from his or herthe oldest of the 

3 appearances (i.e., until January 10, 2009). 

(2) In this example, the lawyer would be permitted under this 

rule to seek to appear pro hac vice in a new case on January 10, 

2009, even if the 3 cases in which he or shethat lawyer made an 

appearance are still active.
- 9 -

(3) In this example, the lawyer could seek to appear pro hac 

vice in yet another new case on February 3, 2009. The fact that 

the lawyer’s cases in which he or shethat lawyer appeared on 

January 10, 2008, February 3, 2008, February 20, 2008, and 

January 1, 2009 are still active would not prohibit that lawyer 

from seeking to appear in the new case on February 3, 2009, 

because, as of that date, the lawyer would have only made an 

initial appearance in 2 prior cases within that preceding 365-day 

period (i.e., on February 20, 2008 and January 1, 2009). Thus, 

under this rule, a non-Florida lawyer could have pending more 

than 3 cases for which he or shethat lawyer has appeared at any 

given time, as the restriction on general practice relates to the 

making of an initial appearance within a 365-day period and not 

to whether any such case is still active following the expiration of 

365 days.

(4) Similarly, in the above example, if the non-Florida 

lawyer’s 3 cases are all resolved by April 1, 2008, that lawyer 

would still be prohibited from seeking to make a new appearance 

until the expiration of the oldest of the 3 prior appearances (i.e., 

until January 10, 2009). 

The purpose of thisThis comment’s purpose is to explain what 

constitutes an “appearance” under this rule and how to calculate 

the number of appearances in any 365-day period. This comment 

and the rule itself do not require a Florida court to grant any 

specific request to appear under Fla. R. Gen. Prac. & Jud. Admin. 

2.510 if the non-Florida lawyer meets the requirements of 

subdivision (a)(2). In all such cases, the decision of 

whetherWhether a non-Florida lawyer may appear in a case under 

Fla. R. Gen. Prac. & Jud. Admin. 2.510 is within the discretion of 

the court.

This rule is not applicabledoes not apply to appearances in 

federal courts sitting in Florida, as appearances before each of 

those courts are regulated by the rules applicable to those courts. 

Further, an appearance in a federal court sitting in Florida does not 

constitute an “appearance” as contemplated by subdivision (a)(2), 

because subdivision (a)(2) applies only to appearances before 

Florida state courts.
- 10 -

FLORIDA RULES OF GENERAL PRACTICE AND JUDICIAL 

ADMINISTRATION

RULE 2.510. FOREIGN ATTORNEYS

(a) Eligibility. Upon filing a verified motion with the court, 

an attorney who is an active member in good standing of the bar of 

another state and currently eligible to practice law in a state other 

than Florida may be permitted to appear in particular cases in a 

Florida court upon such conditions as the court may deem 

appropriate, provided that a member of The Florida Bar in good 

standing is associated as an attorney of record. The foreign attorney 

must make application in each court in which a case is filed even if 

a lower tribunal granted a motion to appear in the same case. In 

determining whether to permit a foreign attorney to appear 

pursuant to this rule, the court may consider, among other things, 

information provided under subdivision (b)(3) concerning discipline 

in other jurisdictions. No attorney is authorized to appear pursuant 

to this rule if the attorney (1) is a Florida resident, unless the 

attorney has an application pending for admission to The Florida 

Bar and has not previously been denied admission to The Florida 

Bar; (2) is a member of The Florida Bar but is ineligible to practice 

law; (3) has previously been disciplined or held in contempt by 

reason of misconduct committed while engaged in representation 

permitted pursuant to this rule provided, however, the contempt is 

final and has not been reversed or abated; (4) has failed to provide 

notice to The Florida Bar or pay the filing fee as required in 

subdivision (b)(7)fees described in the Rules Regulating The Florida 

Bar concerning non-Florida lawyers’ appearances in a Florida court; 

or (5) is engaged in a “general practice” before Florida courts. For 

purposes of this rule, more than 3 appearances within a 365-day 

period in separate cases shall be presumed to be a “general 

practice.” Appearances at different levels of the court system in the 

same case shall be deemed 1 appearance for the purposes of 

determining whether a foreign attorney has made more than 3 

appearances within a 365-day period. In cases involving indigent or 

pro bono clients, the court may waive the filing fees for good cause 
- 11 -

shown. This rule shall not affect the eligibility of a foreign attorney 

to appear in a Florida court when authorized by federal law.

(b) Contents of Verified Motion. A form verified motion 

accompanies this rule and must be utilized by the foreign attorney. 

Within 10 days of discovering any information which is different 

than the representations made in the verified motion, the foreign 

attorney must supplement the motion with the new information. 

The supplemental information must be filed with the court and The 

Florida Bar. The obligation to supplement the motion exists until 

the motion is denied or the foreign attorney is no longer counsel in 

the case. The verified motion required by subdivision (a) must 

include:

(1)-(6) [No change]

(7) a certificate indicating service of the verified motion 

upon The Florida Bar and all counsel of record in the matter in 

which leave to appear pro hac vice is sought and uponpayment of 

the fees described in the Rules Regulating The Florida Bar at its 

Tallahassee office accompanied by a nonrefundable $250.00 filing 

fee made payable to The concerning non-Florida Barlawyer 

appearances in a Florida court or notice that the movant has 

requested a judicial waiver of said fees; and

(8) a verification by the attorney seeking to appear 

pursuant to this rule and the signature of the Florida Bar member 

or members associated for purposes of the representation.

IN THE _________ COURT OF THE __________ JUDICIAL CIRCUIT, 

IN AND FOR _______________, COUNTY, FLORIDA

Plaintiff

Case No. ..........

v. Division ..........

Defendant
- 12 -

VERIFIED MOTION FOR ADMISSION TO APPEAR PRO HAC 

VICEPURSUANT TO FLORIDA RULE OF GENERAL PRACTICE 

AND JUDICIAL ADMINISTRATION 2.510

Comes now , 

Movant herein, and respectfully represents the following:

1. [ ] Movant resides in ,

(City) (State)

Movant is not a resident of the State of Florida.

[ ] Movant is a resident of the State of Florida and has an 

application pending for admission to The Florida Bar and has not 

previously been denied admission to The Florida Bar.

2. Movant is an attorney and a member of the law firm of (or 

practices law under the name of) , 

with offices at , ,

 (Street Address) (City)

, , , ,

(County) (State) (Zip Code) (Telephone)

3. Movant has been retained personally or as a member of 

the above-named law firm on 

 (Date Representation Commenced)

by 

 (Name of Party or Parties)

to provide legal representation in connection with the above-styled 

matter now pending before the above-named court of the State of 

Florida. 

4. Movant is an active member in good standing and 

currently eligible to practice law in the following jurisdiction(s): 

Include attorney or bar number(s). 

(Attach an additional sheet if necessary.)
- 13 -

JURISDICTION ATTORNEY/BAR NUMBER

 

 

 

 

 

5. A judicial officer or the entity responsible for attorney 

regulation has neither initiated disciplinary, suspension, 

disbarment or contempt proceedings or disciplined, suspended, 

disbarred or held Movant in contempt in the preceding 5 years, 

except as provided below (give jurisdiction of proceeding, date upon 

which proceeding was initiated, nature of alleged violation, 

statement of whether the proceeding has concluded or is still 

pending, and sanction, if any, imposed): (Attach an additional sheet 

if necessary.)

6. Movant, either by resignation, withdrawal, or otherwise, 

never has terminated or attempted to terminate Movant’s office as 

an attorney in order to avoid administrative, disciplinary, 

disbarment, or suspension proceedings.

7. Movant is not an inactive member of The Florida Bar.

8. Movant is not now a member of The Florida Bar.

9. Movant is not a suspended member of The Florida Bar.

10. Movant is not a disbarred member of The Florida Bar nor 

has Movant received a disciplinary resignation or disciplinary 

revocation from The Florida Bar.

11. Movant has not previously been disciplined or held in 

contempt by reason of misconduct committed while engaged in 

representation pursuant to Florida Rule of General Practice and 
- 14 -

Judicial Administration 2.510, except as provided below (give date 

of disciplinary action or contempt, reasons therefor, and court 

imposing contempt): (Attach an additional sheet if necessary.)

12. Movant has filed motion(s) to appear as counsel in 

Florida state courts during the past five (5) years in the following 

matters: (Attach an additional sheet if necessary.)

Date of Motion Case Name Case Number Court Date Motion 

Granted/Denied

13. Local counsel of record associated with Movant in this 

matter is ,

 (Name and Florida Bar Number)

who is an active member in good standing of The Florida Bar and 

has offices at , , , 

 (Street Address) (City) (County)

________________, .

(State) (Zip Code) (Telephone with area code)

(If local counsel is not an active member of The Florida Bar in good 

standing, please provide information as to local counsel’s 

membership status.___________________________________)

14. Movant has read the applicable provisions of Florida Rule 

of General Practice and Judicial Administration 2.510 and Rule 1-

3.10 of the Rules Regulating The Florida Bar and certifies that this 

verified motion complies with those rules.
- 15 -

15. Movant agrees to comply with the provisions of the 

Florida Rules of Professional Conduct and consents to the 

jurisdiction of the courts and the Bar of the State of Florida. 

WHEREFORE, Movant respectfully requests permission to 

appear in this court for this cause only.

DATED this ___________ day of ___________________, 20____.

Movant

Address

Address

City, State, Zip Code

Telephone Number

E-mail Address

STATE OF ______________________

COUNTY OF ______________________

I, ________________________________, do hereby swear or affirm 

under penalty of perjury that I am the Movant in the above-styled 

matter; that I have read the foregoing Motion and know the 

contents thereof, and the contents are true of my own knowledge 

and belief.

Movant

I hereby consent to be associated as local counsel of record in 

this cause pursuant to Florida Rule of General Practice and Judicial 

Administration 2.510. 
- 16 -

DATED this ___________ day of ______________________, 20____.

Local Counsel of Record

Address

Address

City, State, Zip Code

Telephone Number

Florida Bar Number

E-mail Address

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the 

foregoing motion was served by mail to PHV Admissions, The 

Florida Bar, 651 East Jefferson Street, Tallahassee, Florida 

32399-2333 accompanied by payment of the $250.00 filing fee 

made payable to The Florida Bar, or notice that the movant has 

requested a judicial waiver of said fee; and by (e-mail) (delivery) 

(mail) (fax) to (name of attorney or party if not represented), 

and that the movant has paid the fees described in the Rules 

Regulating The Florida Bar concerning non-Florida lawyer 

appearances in a Florida court or has notified The Florida Bar 

of movant’s request for a judicial waiver of said fees.

this ________ day of ______________________, 20____.

Movant