Citations
- 494 So. 2d 977
Full opinion text
PER CURIAM.
In November 1984 this Court heard oral argument in case numbers 65,197 and 65,-877, encompassing a total revision of the bar rules. Since that time, numerous petitions for revision of both the currently existing bar rules and of the proposed new rules have been filed with and considered by the Court, and the proposed new rules have been revised several times. After rearranging and revising portions of the bar’s proposed rules, we now adopt these new rules, entitled “Rules Regulating the Florida Bar.” As can be seen in the new rules, the integration rule, bylaws, and code of professional responsibility no longer exist as separate entities. Rather, all rules pertaining to the bar have been integrated, in a chapter format, into a single document.' It is the revisers’ hope, as well as the Court’s, that this new arrangement will make it easier to find things in the rules.
Several noteworthy changes have been made from the current rules and from the board’s proposals. For instance, while amendments to most of the rules still must be through petition to this Court, chapters 2, 7, and 9 can be amended by the board of governors without petitioning the Court. See rule 2-10. Dues, however, are still capped, and this Court will have to be petitioned for changes in the amount of members’ dues. The new rules also provide for nonlawyer members of the board of governors; the period for disbarment has been raised to five years; and there are numerous changes in the disciplinary process, now set out in chapter 3.
A few of the changes made by the Court in the board’s proposal include: an addition to rule 4-3.6 regarding persons making extrajudicial statements in criminal cases; a proviso regarding holding and maintaining property as a client wishes added to rule 4-1.15(a); and expansion of confidentiality in minor misconduct reports in 3-5.1(b). Also, rule 4-7.3, as originally proposed, prohibited direct mail solicitation of persons known to have specific legal problems. After studying this matter, we have concluded that such mailing cannot be prohibited. Instead, we have revised rule 4-7.3 to regulate, rather than proscribe, such communications. If this regulation proves unworkable or if a pattern of abuse in direct mailings is established, we will consider amending the solicitation rule.
The rules as finally adopted also include recent amendments regarding confidentiality for attorneys seeking treatment for alcohol abuse, 490 So.2d 937 (Fla.1986), contingent fees, 494 So.2d 960 (Fla.1986), and graduation from an accredited law school for emeritus attorneys, 490 So.2d 947 (Fla.1986). The rules will be printed in both this year’s edition of the bar Journal and the West rules pamphlet.
We express our thanks to all members and officers of the bar who worked on these revisions and who favored the Court with their comments and suggestions regarding the proposed rules. These rules will become effective at 12:01 a.m., January 1, 1987, and we urge all members of the bar to familiarize themselves with these new rules.
It is so ordered.
McDonald, C.J., and ADKINS, BOYD, OVERTON, EHRLICH, SHAW and BARK-ETT, JJ., concur.
The board of governors, during oral argument on no. 67,085, lawyer referral services, asked that we consider that petition in conjunction with, rather than separately from, nos. 65,197 and 65,877. The Court consolidated no. 68,293, concerning specialization rules, with the other petitions.
ON REHEARING GRANTED
The board of governors of the Florida Bar has filed a petition for rehearing or clarification regarding this Court’s adoption of new bar rules. The board seeks amendment of the opinion itself as to the applicability of the new rules as well as changes in the text of the rules to correct errors in and omissions from the rules as submitted by the board and requests rewording of several provisions. After reviewing these matters we adopt the changes set out in the petition.
The last sentence of our original opinion is revised to read as follows:
These rules will become effective at 12:01 a.m. on January 1, 1987. Thereafter, the Rules Regulating the Florida Bar shall govern the conduct of all members of the Florida Bar. All disciplinary cases pending as of 12:01 a.m. January 1, 1987 shall thereafter be processed in accordance with the procedures set forth in the Rules Regulating the Florida Bar. We urge all members of the bar to familiarize themselves with these new rules.
The individual pages of the rules affected by the changes adopted hereby are attached to this rehearing opinion.
It is so ordered.
MCDONALD, C.J., and ADKINS, BOYD, OVERTON, EHRLICH, SHAW and BARK-ETT, JJ., concur.
RULES REGULATING THE FLORIDA BAR
Chapter 1
GENERAL
The Supreme Court of Florida by these rules establishes the authority and responsibilities of The Florida Bar, an official arm of the Court.
1-1 Name. The name of the body regulated by these rules shall be THE FLORIDA BAR.
1-2 Purpose. The purpose of The Florida Bar shall be to inculcate in its members the principles of duty and service to the public, to improve the administration of justice, and to advance the science of jurisprudence.
1-3 Membership.
1-3.1 Composition. The membership of The Florida Bar shall be composed of all persons who are admitted by this Court to the practice of law in this state and who maintain their membership in good standing pursuant to these rules.
1-3.2 Active members. Active members of The Florida Bar in good standing shall mean only those persons licensed to practice law in Florida who have paid annual membership fees or dues for the current year and who are not retired, resigned, delinquent or suspended members. A practicing attorney of another state, in good standing, who has professional business in a court of record of this state may, upon motion, be permitted to practice for the purpose of such business upon such conditions as the court deems appropriate under the circumstances of the case.
1-3.3 Official bar address. Each member of The Florida Bar shall designate an official bar mailing address and business telephone number. If the address given is not the physical location or street address of the principal place of employment, then such information shall also be given. Each member shall promptly notify the executive director of any changes in any information required by this rule.
1-3.4 Resignation. A member of The Florida Bar in good standing may, upon petition to and with the approval of the board of governors, resign from The Florida Bar and thereupon, unless again admitted or reinstated, shall not practice law in this state nor be entitled to any privileges and benefits accorded to active members of The Florida Bar in good standing.
1-3.5 Retirement. Any member of The Florida Bar who shall have attained the age of seventy (70) years of age or who shall have practiced law in the State of Florida for thirty-five (35) years or who shall establish under rules of procedure adopted by the board of governors that the member is physically disabled to the extent that the member cannot engage in the practice of law may retire from The Florida Bar upon certification by the board of governors that such member meets the requirements of this rule and thereupon, unless again admitted or reinstated, shall not practice law in this state. A retired member shall be entitled to receive such other privileges as the board of governors may authorize.
1-3.6 Delinquent members. Any person now or hereafter licensed to practice law in Florida who fails to pay dues as provided herein shall be deemed a delinquent member. While occupying the status of a delinquent member, no person shall engage in the practice of law nor be entitled to any privileges and benefits accorded to active members of The Florida Bar in good standing.
1-3.7 Reinstatement to active membership.
(a) Persons who have become delinquent members or persons who have retired or resigned from membership in The Florida Bar for a period of time not in excess of five (5) years may be reinstated to active membership by the board of governors. The applicant must file a petition with the board of governors setting forth the reason for such resignation, retirement, or delinquency and showing good cause why the petition for reinstatement should be granted. The petition shall be on a form approved by the board of governors and the petitioner shall furnish such information on such form as the board of governors may require. The petition shall be accompanied by a nonrefundable reinstatement fee of $50.00, payment of all arrearages, and, for persons who have resigned or retired or have been delinquent for a period of time longer than three (3) years, a $500.00 cost deposit for investigation of the petition. No member shall be reinstated if, from the petition or from investigation conducted, the petitioner is not of good moral character and morally fit to practice law.
(b) The following procedures shall apply:
(1) Persons who have resigned or retired or have been delinquent for less than three (3) years may be reinstated by the executive director under guidelines provided by the board of governors or the executive director may refer the petition for consideration by the board of governors.
(2) Persons who have resigned or retired or have been delinquent for less than five (5) years who have not maintained an association with the practice of Florida law and those persons who have resigned or retired or have been delinquent for a period from three (3) years to five (5) years who have maintained an association with the practice of Florida law may be required by the board of governors to successfully complete continuing legal education courses or successfully complete all or a portion of the Florida Bar examination before being reinstated to active membership.
(3) Final action of the board of governors denying a petition for reinstatement may be reviewed upon petition to the Supreme Court of Florida.
(c) Persons who have resigned or retired or have been delinquent for a period of five (5) years or longer shall not be reinstated except upon application to and approval by the Florida Board of Bar Examiners.
1-3.8 Right to inventory.
(a) Whenever an attorney is suspended, disbarred, becomes a delinquent member, abandons his practice, disappears, or dies and no partner, personal representative, or other responsible party capable of conducting the attorney’s affairs is known to exist, the appropriate circuit court, upon proper proof of the fact, may appoint an attorney or attorneys to inventory the files of the subject attorney and to take such action as seems indicated to protect the interests of clients of the subject attorney, as well as the interest of that attorney.
(b) Any attorney so appointed shall not disclose any information contained in files so inventoried without the consent of the client to whom such file relates except as necessary to carry out the order of the court which appointed the attorney to make the inventory.
1-3.9 Law faculty affiliates. Full-time faculty members in the employment of law schools in Florida approved by the American Bar Association who are admitted to practice and who are in good standing before a court of any state may become “law faculty affiliates” of The Florida Bar. Law faculty affiliates may participate in such activities of The Florida Bar as may be authorized by the board of governors, but shall not be entitled to engage in the practice of law, appear as attorneys before the courts of the state, or hold themselves out as possessing such entitlements.
1-4 Board of governors.
1-4.1 Composition of board of governors. The board of governors shall be the governing body of The Florida Bar. It shall consist of the president and the president-elect of The Florida Bar, president and president-elect of the Young Lawyers Division, two (2) representatives of the active members of The Florida Bar residing outside of the State of Florida, representatives elected by and from the active members of The Florida Bar in each judicial circuit, and two (2) residents of the State of Florida who are not members of The Florida Bar. There shall be one such circuit representative from each judicial circuit and fourteen (14) additional circuit representatives who shall be apportioned among and elected from the judicial circuits on the basis of the number of members in good standing residing in each circuit. The formula for determining the number of additional circuit representatives apportioned to and elected from each judicial circuit and all other matters concerning election and term of office for members of the board of governors shall be prescribed in chapter 2.
1-4.2 Authority; supervision.
(a) The board of governors shall have the authority and responsibility to govern and administer The Florida Bar and to take such action as it may consider necessary to accomplish the purposes of The Florida Bar, subject always to the direction and supervision of the Supreme Court of Florida.
(b) The board of governors shall furnish to each member of the Supreme Court of Florida the following:
(1) The minutes of each meeting of the board of governors of The Florida Bar and each meeting of its executive committee except when acting in a prosecutorial role in a disciplinary or unauthorized practice of law matter.
(2) Any written report of any section, committee, or division of The Florida Bar submitted to the board of governors which is either accepted or adopted by the board.
(3) All rules, policies, or procedures adopted by the board of governors under the authority granted to the board by the Court.
(4) Such additional information and material as may be requested by any member of the Court.
(c) The Supreme Court of Florida may at any time ratify or amend action taken by the board of governors under these rules, order that actions previously taken be rescinded, or otherwise direct the actions and activities of The Florida Bar and its board of governors.
1-4.3 Committees. The board of governors shall create an executive committee composed of the president, president-elect, chairman of the budget committee, two (2) members of the board appointed by the president, and two (2) members of the board elected by the board to act upon such matters as arise and require disposition between meetings of the board; a budget committee composed of nine (9) members with three-year staggered terms; grievance committees as provided for in chapter 3; unlicensed practice of law committees as provided for in chapter 10; and a professional ethics committee.
1-4.4 Board committees. The board may create and abolish additional committees as it may consider necessary to accomplish the purposes of The Florida Bar.
1-4.5 Sections. The board of governors may create and abolish sections as it may consider necessary or desirable to accomplish the purposes and serve the interests of The Florida Bar and of the sections and shall prescribe the powers and duties of such sections. The bylaws of any section shall be subject to approval of the board of governors.
1-5 Officers.
1-5.1 Officers. The officers of The Florida Bar shall be a president, a president-elect, and an executive director.
1-5.2 Duties. Chapter 2 shall prescribe the duties, terms of office, qualifications, and manner of election or selection of officers of The Florida Bar.
1-6 Meetings of The Florida Bar.
1-6.1 Annual meeting. An annual meeting of The Florida Bar shall be held each fiscal year at such time as may be designated by the board of governors.
1-6.2 Special meetings. Special meetings of The Florida Bar may be held at such times and places as may be determined by the board of governors or upon petition of five (5) percent of the membership of The Florida Bar.
1-6.3 Notice; rules of procedure. The manner of notice and rules of procedure for all meetings of The Florida Bar shall be prescribed in chapter 2.
1-7 Dues and fiscal control.
1-7.1 Budget. The board of governors shall adopt a proposed budget for The Florida Bar in advance of each fiscal year, publish such proposed budget in a publication of The Florida Bar generally circulated to members, and thereafter adopt a budget for the succeeding fiscal year. The budget adopted by the board of governors shall be filed with the Supreme Court of Florida thirty (30) days prior to the beginning of each fiscal year and shall be deemed approved and become the budget of The Florida Bar unless rejected by the Supreme Court of Florida within said thirty-day period or until amended by the board of governors in accordance with rule 2-6.12.
1-7.2 Officer’s salary. No member of the board of governors and no officer of The Florida Bar other than the executive director shall receive a fee or salary from The Florida Bar.
1-7.3 Dues.
(a) On or before July 1 of each year, every active member of The Florida Bar shall pay annual dues to The Florida Bar in the amount set by the budget, provided that the board of governors shall not fix the dues at more than $140 per annum. Dues tendered to The Florida Bar shall not be accepted from any member who is delinquent in the payment of costs imposed against the member in a disciplinary proceeding. Costs shall be deemed delinquent unless paid within thirty (30) days after the disciplinary decision becomes final unless such time is extended by the board of governors for good cause shown. At the time of the payment of dues every member of The Florida Bar shall file with the executive director a statement setting forth any information that may be required by the board of governors.
(b) Persons admitted to The Florida Bar subsequent to July 1 of any fiscal year shall pay the annual dues for that year prorated on the basis of the number of full calendar months of the fiscal year remaining at the time of their admission.
(c) Payment of annual dues must be postmarked no later than August 15. Dues postmarked after August 15 shall be accompanied by a late charge of $25.00. The executive director shall send written notice by registered or certified mail to the last official bar address of each member whose dues have not been paid by August 15. Upon failure to pay dues and any late charges by September 30, the member shall be a delinquent member.
1-7.4 Procedures. Other matters relating to the budget and fiscal control shall be governed by chapter 2.
1-7.5 Retired, resigned, delinquent members. A member who is retired, resigned, or delinquent shall not practice law in this state until reinstated as provided in these rules.
1-8 Programs and functions.
1-8.1 Responsibility of board of governors. Among its other duties, the board of governors is charged with the responsibility of enforcing the Rules of Discipline and the Rules of Professional Conduct.
1-8.2 Unlicensed practice of law. The board of governors shall act as an arm of the Supreme Court of Florida for the purpose of seeking to prohibit the unlicensed practice of law by investigating, prosecuting, and reporting to this Court and to appropriate authorities incidents involving the unlicensed practice of law in accordance with chapter 10.
1-8.3 Board of certification and designation. The board of-governors shall establish the board of certification and designation to function as a central administrative board to oversee specialization regulation in Florida in accordance with chapter 6.
1-8.4 Clients’ security fund. The board of governors may provide monetary relief to persons who suffer reimbursable losses as a result of misappropriation, embezzlement, or other wrongful taking or conversion by a member of The Florida Bar of money or other property that comes into the member’s possession or control, all in accordance with chapter 7.
1-9 Young Lawyers Division.
1-9.1 Creation. There shall be a division of The Florida Bar known as the Young Lawyers Division composed of all active members under the age of thirty-six (36) and all active members who have not been admitted to the practice of law in any jurisdiction for more than five (5) years.
1-9.2 Powers and duties. The division shall have such powers and duties as shall be prescribed by the board of governors of The Florida Bar.
1-9.3 Bylaws. The bylaws of the division shall be subject to approval of the board of governors.
1-10 Rules of Professional Conduct.
1-10.1 Compliance. All members of The Florida Bar shall comply with the terms and the intent of the Rules of Professional Conduct as established and amended by this Court.
1-11 Bylaws.
1-11.1 Generally. Bylaws, contained in chapter 2, not inconsistent with these rules shall govern the method and manner by which the requirements of these Rules Regulating The Florida Bar are met.
1-11.2 Amendment. The bylaws in chapter 2 shall be amended as prescribed in rule 2-10. Chapter 2 shall provide a reasonable means by which members of The Florida Bar may propose amendments of the bylaws to the board of governors and to this Court.
1-11.3 Notice of amendment. Notice of consideration of proposed amendments to chapter 2 by the board of governors of The Florida Bar shall be given to the members of The Florida Bar. Amendments to chapter 2 adopted by the board of governors shall become effective fifty (50) days after the amendment and proof of the prescribed publication are filed with this Court unless a later effective date is provided for by the board of governors or unless otherwise ordered by the Court. The Court will consider objections to amendments to chapter 2 adopted by the board of governors which are filed with the Court before the effective date of the amendment.
1-11.4 Supervision by Court. This Court may at any time amend chapter 2 or modify amendments to chapter 2 adopted by the board of governors or order that amendments to chapter 2 not become effective or become effective at some date other than provided for in this rule.
1-12 Amendments.
1-12.1 Amendment to rules; notice. Petitions for revision of or amendments to these Rules Regulating The Florida Bar, other than chapters 2, 7, and 9, will be entertained by this Court when presented by the board of governors or by not fewer than fifty (50) active members of The Florida Bar. Notice of intention to file such petition on a specified date together with a copy of the proposed amendment shall be published in The Florida Bar News not less than thirty (30) days prior to the filing of such petition. The Court will thereafter accept objections or comments on such petition.
Chapter 2
BYLAWS OF THE FLORIDA BAR
2-1 Seal, emblems, and publicity symbols.
2-1.1 Seal. The official seal of The Florida Bar shall be inscribed “The Florida Bar” on upper circular portion, “1950” on lower circular portion, with the official state seal occupying center portion.
2-1.2 Publicity symbol. The publicity symbol for The Florida Bar to be placed on publicity of The Florida Bar shall consist of outline of Florida map, scales of justice, book, and gavel. “The Florida Bar” shall be set in circular fashion around the symbol.
2-1.3 Usage. The usages of the seal, emblems, and publicity symbols of The Florida Bar shall be determined by the board of governors.
2-2 Membership.
2-2.1 Attaining active membership. Persons shall initially become active members of The Florida Bar only upon certification by the Court in accordance with the rules governing the Florida Board of Bar Examiners.
2-2.2 Law faculty affiliates. Law faculty affiliates shall pay fees as set by the board of governors, shall be entitled to receive The Florida Bar Journal and the Florida Bar News, and shall have such other privileges and benefits of members of The Florida Bar as the board of governors shall authorize. The executive director shall issue to law faculty affiliates such special identification card as may be authorized by the board of governors.
2-2.3 List of active members. The executive director shall furnish the chief judge of each circuit and the clerk of each court a list of all active members in good standing and shall furnish corrections and additions to such list as occasion may require.
2-3 Board of governors.
2-3.1 Generally. The board of governors shall be the governing body of The Florida Bar. The board of governors shall have the power and duty to administer the Rules Regulating The Florida Bar, including the power to employ necessary personnel. Subject to the authority of the Supreme Court of Florida, the board of governors, as the governing body of The Florida Bar, shall be vested with exclusive power and authority to formulate, fix, determine, and adopt matters of policy concerning the activities, affairs or organization of The Florida Bar. The board of governors shall be charged with the duty and responsibility of enforcing and carrying into effect the provisions of the Rules Regulating The Florida Bar and the accomplishment of the aims and purposes of The Florida Bar. The board of governors shall direct the manner in which all funds of The Florida Bar are disbursed and the purposes therefor and shall adopt and approve a budget for each fiscal year. The board of governors shall perform all other duties imposed under the Rules Regulating The Florida Bar and shall have full power to exercise such functions as may be necessary, expedient, or incidental to the full exercise of any powers bestowed upon the board of governors by said rules or any amendment thereto or by this chapter.
2-3.2 Powers. Subject to the continued direction and supervision by the Supreme Court of Florida, the board of governors may, by amendment to this chapter, take all necessary action to:
(a) Make nominations to or appointments to associations or other entities as required by the Rules Regulating The Florida Bar, this chapter, and any rules or policies adopted by the board of governors in accordance therewith or as required by law.
(b) Establish and support the foundation known as The Florida Bar Foundation for charitable, scientific, literary, and educational purposes.
(c) Establish, maintain, and supervise:
(1) A lawyer referral service;
(2) Programs for providing continuing legal education for its members;
(3) The publication of a newspaper, a magazine, and other publications for its members, affiliates, and the public;
(4) A program for providing information and advice to the courts and all other branches of government concerning current law and proposed or contemplated changes in the law;
(5) A program of cooperation with the faculty of accredited Florida law schools; and
(6) A program for providing pre-paid legal services.
2-3.3 Formula for apportionment of members of board of governors. The formula for determining the number of representatives apportioned to and elected from each judicial circuit shall be: determine the average number of members in good standing residing in each judicial circuit by dividing the number of Florida resident members in good standing by the total number of judicial circuits and then divide the members in good standing residing in each circuit by such average. Apportionment of representatives among the judicial circuits shall be in accordance with the results thus obtained by apportioning each judicial circuit one representative for each multiple of one (including one) of the results obtained for such circuit, provided such number does not exceed fourteen (14), and one representative for the circuit’s remaining fraction of a multiple commencing with the largest such fraction and continuing in descending order to the next largest fraction and so on until all representatives of this category shall be apportioned to judicial circuits. In the event the sum of the whole integers so determined exceeds fourteen (14), the circuits whose results show whole integers from the application of the formula shall be determined by eliminating one representative for the lowest fraction of a whole integer among such circuits and continuing in ascending order until fourteen (14) is reached.
2-3.4 Annual apportionment
(a) The executive director shall each year as of October 1 determine from the official records of The Florida Bar the number of active members of The Florida Bar residing in each judicial circuit. The executive director shall thereafter determine by application of the formula in rule 2-3.3 the number of members of the board of governors to serve from each judicial circuit. The executive director shall file a certificate setting forth the above information with the clerk of the Supreme Court of Florida and shall cause a copy of such certificate to be published in The Florida Bar News on or before November 1 of each year. The certificate shall be published in the format of rule 2-3.5(a). The reapportionment established by the terms of such certificate shall automatically amend rule 2-3.5(a) on December 1 unless the Supreme Court of Florida orders otherwise.
(b) No elected member of the board of governors shall serve less than the full term to which elected by reason of any reapportionment required by paragraph (a).
2-3.5 Nomination of members.
(a) Staggered terms. Elections shall be held in even-numbered years for nonresident representative seat number 2 and the following circuit representatives:
Circuit (Office Number) Circuit (Office Number)
1 11(3)
2(2) 11(5)
3 12(2)
4(1) 13(1)
6(1) 14
7 15(1)
90) 17(1)
10 18
11(1) 20
Elections shall be held in odd-numbered years for nonresident representative seat number 1 and for the following circuit representatives:
Circuit (Office Number) ■ Circuit (Office Number)
2(1) 11(6)
4(2) 12(1)
5 13(2)
6(2) 15(2)
8 16
9(2) 17(2)
11(2) 17(3)
11(4) 19
As additions or deletions of circuit representatives resulting from the application of the formula provided in this rule necessitate changes in the lists set forth above, both in circuit and office numbers, such changes shall be made by the executive director as appropriate and shall be published in The Florida Bar News by November 1.
(b) Time for filing nominating petitions. Nominations for the election of representatives on the board of governors from each judicial circuit shall be made by written petition signed by not fewer than five (5) active members of The Florida Bar in good standing. In each circuit in which there is more than one representative to be elected, the offices of the representatives shall be designated numerically, with the executive director making whatever adjustments are necessary to reflect changes resulting from the annual certification, and a nominating petition shall state the number of the office sought by a nominee. Any number of candidates may be nominated on a single petition, and any number of petitions may be filed, but all candidates named in a petition and all members signing such petition shall have their official bar address in the judicial circuit which the candidate is nominated to represent and shall be active members of The Florida Bar in good standing. Nominations for election of a nonresident member of the board of governors shall be by written petition signed by not fewer than five (5) active nonresident members of The Florida Bar in good standing. Nominees shall endorse their written acceptance on such petitions but no nominee shall accept nomination for more than one office. All nominating petitions shall be filed with the executive director at the headquarters office on or before 5:00 p.m., January 10 of the year of election. On a date to be fixed by the executive director the nominating petition shall be canvassed and tabulated by the executive director and the clerk of the Supreme Court of Florida, and the executive director and the clerk of the Supreme Court of Florida shall thereupon certify in writing the names of all members who have been properly nominated.
(c) Nomination and appointment of nonlawyer members. The board of governors members who are not members of The Florida Bar shall be chosen and appointed by the Supreme Court of Florida from the list of nominees to be filed with the Court by the board of governors. The board of governors of The Florida Bar by majority vote shall nominate three (3) persons for each nonlawyer seat and shall file the nominations with the Supreme Court of Florida on or before April 15 of the appointment year for that seat. The two (2) nonlawyer members shall serve staggered terms of two (2) years and shall serve no more than two (2) terms. In order to stagger the terms of office for nonlawyer board members, the first appointment for nonlawyer seat number 2 shall be for a one-year term. 2-3.6 Election. Voting shall be by secret ballot. The executive director shall prepare and cause to be printed a sufficient number of ballots for the election of nonresident board members and for each judicial circuit office for which an election is to be held. One of such ballots shall be mailed to each active member of The Florida Bar in good standing in each of such judicial circuits and to each active nonresident member of The Florida Bar in good standing in the case of election of a nonresident board member. The records of the executive director shall be conclusive in determining the members entitled to receive such ballots. When more than one office is to be filled, the offices shall be listed on the ballots in numerical order. The names of candidates on the ballots shall be listed alphabetically for each office. The ballots shall be mailed on or before March 1. Only voted ballots received by the executive director prior to midnight on March 21 shall be counted or tabulated. Immediately after March 21, the executive director and the clerk of the Supreme Court of Florida shall canvass and tabulate the ballots received and certify the results of the election. Failure to make a nomination shall result in a vacancy to be filled in accordance with the provisions of rule 2-3.9. The candidate for an office receiving a majority of the votes cast for the office shall be declared elected. In the event no candidate receives such majority there shall be a runoff election between the two (2) candidates receiving the highest number of votes. The ballots for the runoff shall be mailed on or before April 1 and the voted ballots shall be received by the executive director prior to midnight on April 22. The ballots shall be counted and the results certified as provided for the first election. In the event that only one candidate has been nominated for a particular office on the board of governors, such candidate shall be declared elected. Results of the election shall be furnished by the executive director to the officers, members of the board of governors, and all candidates and may be furnished to any other interested persons upon their request.
2-3.7 Term. The term of office for those persons regularly elected or appointed is two (2) years and thereafter until a successor’s term commences. The term commences at the conclusion of the annual meeting of The Florida Bar following election or appointment to office. The term of office for those persons elected or appointed to fill a vacancy shall run for the balance of the term.
2-3.8 Removal. Any member of the board of governors may be removed for cause by resolution adopted by two-thirds of the entire membership of the board of governors.
2-3.9 Vacancy. Except for nonlawyer members, in the event of a vacancy on the board of governors the vacancy shall be filled by a special election within the framework of the pertinent election procedures presently existing under these rules relating to the election of members of the board of governors. Notice of the vacancy and the special election shall be given by publication in The Florida Bar News, which notice shall provide that nominating petitions must be filed within thirty (30) days of the date of the publication of the notice with the executive director. The special election shall be held not less than thirty (30) days and not more than forty-five (45) days after the publication of the notice. The procedures set forth in these rules for election shall be followed as closely as possible. In the event of a vacancy on the board of governors for a nonlawyer member, the vacancy shall be filled by special nomination and appointment in accordance with the provisions of rule 2-3.5(c).
2-3.10 Meetings. The board of governors shall hold six (6) regular meetings each year, at least one of which shall be held at The Florida Bar Center. Subject to the approval of the board of governors, the places and times of such meetings shall be determined by the president, who may make such designation while president-elect. Special meetings shall be held at the direction of the executive committee or the board of governors. Any active member of The Florida Bar in good standing may attend meetings at any time except during such times as the board shall be in executive session concerning disciplinary matters, personnel matters, or receiving attorney-client advice. Minutes of all meetings shall be kept by the executive director. 2-3.11 Quorum. A majority of the members of the board of governors shall constitute a quorum for the transaction of business at all meetings.
2-3.12 Executive committee. Unless otherwise limited by these rules, the executive committee shall have full power and authority to exercise the function of the board of governors:
(a) To the extent authorized by the board of governors on any specific matter; and
(b) On any other matter which necessarily must be determined between meetings of the board of governors. The executive committee shall notify the board of governors at the next meeting of all actions taken by the executive committee during the interim between meetings of the board of governors. Unless modified by the board of governors at such meeting, actions of the executive committee shall be final.
2-4 Officers.
2-4.1 Duties of president. The president shall conduct and preside at all meetings of The Florida Bar and the board of governors. The president shall be the official spokesman for The Florida Bar and the board of governors. Unless otherwise provided herein, the president shall appoint all committees. The president shall be the chief executive of The Florida Bar and shall be vested with full power to exercise whatever functions may be necessary or incident to the full exercise of any power bestowed upon the president by the board of governors consistent with the provisions of these Rules Regulating The Florida Bar. It shall be the duty and obligation of the president to furnish leadership in the accomplishment of the aims and purposes of The Florida Bar.
2-4.2 Duties of president-elect. It shall be the duty of the president-elect to render every assistance and cooperation to the president and provide the president with the fullest measure of counsel and advice. The president-elect shall familiarize himself with all activities and affairs of The Florida Bar and shall have such other duties as may be assigned to the president-elect by the board of governors. In the event the president-elect is absent or unable to act, or in the event of the president-elect’s death, disability, or resignation, the board of governors shall select an acting president-elect to hold office until a successor shall have been elected by the active members of The Florida Bar in good standing at a special election held pursuant to the direction of the board of governors.
2-4.3 Duties of executive director. The executive director shall be chosen by the board of governors and shall perform all duties usually required of a secretary and a treasurer and such other duties as may be assigned to him by the board of governors. The executive director shall serve as publisher of The Florida Bar Journal and The Florida Bar News and as director of public relations until otherwise directed by the board of governors. The executive director shall keep the records of The Florida Bar and the board of governors. The executive director shall maintain and be in charge of the offices and shall devote his or her full time to the work of The Florida Bar. The board shall fix his or her salary and other benefits and emoluments of office.
2-4.4 Qualifications for office. Only active members of The Florida Bar in good standing shall be eligible to hold any elective office in The Florida Bar. No officer shall engage in political activity on behalf of a candidate for public office except in furtherance of the objectives of The Florida Bar and with the approval of the board of governors.
2-4.5 Nominations for president-elect. Any active member of The Florida Bar in good standing may be nominated as a candidate for president-elect by petition signed by not fewer than one hundred (100) other active members of The Florida Bar in good standing. Such nominating petitions shall be filed with the executive director at the headquarters office on or before 5:00 p.m., January 10 of the year of the election. Nominees shall endorse their written acceptance upon such petition. No member shall sign more than one nominating petition, but signers need not reside in the same judicial circuit as the candidate. In the event that no active member of The Florida Bar in good standing shall be nominated by petition in accordance with the foregoing, the board of governors shall thereafter nominate at least one candidate for the office of president-elect.
2-4.6 Election of president-elect. The active members of The Florida Bar in good standing shall elect annually a president-elect, who shall become president at the conclusion of the annual meeting following his term as president-elect. Such ballots cast at such election shall be marked and returned by the voting members and thereafter canvassed and the results certified as provided by rule 2-3.6. The names of all candidates nominated for president-elect, either by petition or by the board of governors, shall be listed alphabetically on the official ballot. The candidate receiving a majority of the votes cast shall be elected. If no candidate receives a majority, then a further ballot shall be mailed listing only the two (2) candidates receiving the highest number of votes cast. The procedure, time, canvassing, and certification of results in connection with the election of a president-elect shall be in accordance with the provision of this chapter governing the election of members of the board of governors, except that the election shall be by the entire membership.
2-4.7 President’s absence. In the event the president is absent or unable to act, his duties shall be performed by the president-elect; and in the event of the death or resignation of the president, the president-elect shall serve as president during the remainder of the term of office thus vacated and then shall serve as president for the term for which elected. In the event of the death or disability of both the president and the president-elect, the board of governors shall elect an acting president of The Florida Bar to hold office until the next succeeding annual meeting.
2-4.8 Prohibition against service on board of governors and as president or president-elect. In the event that a member of the board of governors shall become either the president or the president-elect of The Florida Bar such member shall not serve on the board of governors except as president or president-elect and the office of that member shall become vacant and shall be filled in accordance with the provisions of this chapter.
2-5 Meetings.
2-5.1 Annual meeting. A program for the annual meeting of The Florida Bar shall be prepared by the president, with the advice and consent of the board of governors. Such program, when approved by the board of governors, shall be the order of business for the annual meeting and such order of business shall not be altered, except by consent of two-thirds of the active members present and voting. Only the president, with the advice and consent of the board of governors, shall have the authority to extend invitations to nonmembers to attend the annual meeting as honored guests or speakers at the expense of The Florida Bar. No section or committee shall create any debt of The Florida Bar in connection with an annual meeting without prior approval of the board of governors. All papers, addresses, and reports read before or submitted at a meeting shall become the property of The Florida Bar and may be published by The Florida Bar. A registration fee for attendance at the annual meeting may be fixed by the board of governors to defray the costs and expenses in connection with such meeting.
2-5.2 Rules of procedure. Only active members of The Florida Bar in good standing shall be entitled to vote at the annual meeting. A resolution for consideration at the annual meeting may be proposed by any active member or by the resolutions committee, provided that the resolution shall be presented, handled in accordance with procedures which shall be established by the board of governors, and published in The Florida Bar Journal or The Florida Bar News a reasonable length of time prior to each annual meeting. Unless indicated on the official program, no person shall speak for more than ten (10) minutes or more than twice on any matter, except upon consent of a majority of the active members present and voting at the meeting. Members of the bar of any foreign country or any state, district, or territory, who are not active members of The Florida Bar, may be accorded the privilege of the floor at any annual meeting.
2-6 Fiscal management.
2-6.1 Expenditures. Within the parameters of the budget filed with the Supreme Court of Florida, the board of governors shall be vested with exclusive powers, authority, and control over all funds, property, and assets of The Florida Bar and the method and purpose of expenditure of all funds.
2-6.2 Fiscal year. The fiscal year of The Florida Bar shall commence on July 1 of each year.
2-6.3 Annual budget. The board of governors, with the advice and counsel of the budget committee, shall adopt an annual budget of The Florida Bar, setting forth the anticipated revenues and expenditures for the fiscal year.
2-6.4 Budget committee. The budget committee shall consist of nine (9) members having staggered terms. The president-elect, with the approval of the board of governors, shall appoint three (3) members to three-year terms, shall fill vacancies for the balance of a term, and shall name a chairman-elect from the members of the committee. The chairman-elect shall become chairman when the president-elect becomes president and he or she shall serve as a tenth member of the committee if his or her term on the committee would otherwise expire.
2-6.5 Notice of budget committee hearings. The executive director shall publish a notice in The Florida Bar Journal or The Florida Bar News not later than a March issue giving notice of meetings of the budget committee in each of the districts of the district courts of appeal to receive suggestions from members of The Florida Bar for the preparation of the budget for the succeeding fiscal year. Such meetings shall be held not earlier than the fifteenth day of the month succeeding the month in which the notice is published. Written notice of intent to appear at such meetings must be received by the executive director at least ten (10) days prior to the date of the meeting. If no person files such a notice, the meeting may be canceled.
2-6.6 Tentative budget of budget committee. At the meeting announced by such published notice, the budget committee shall hear and receive suggestions from members of The Florida Bar for the preparation of the budget for The Florida Bar for the succeeding fiscal year. The manner of filing and hearing such suggestions shall be set forth in the notice. After consideration of the suggestions received, the budget committee shall prepare a tentative budget for the succeeding fiscal year, which shall be filed with the executive director.
2-6.7 Proposed budget of board of governors. The board of governors, after considering the tentative budget prepared by the budget committee, shall adopt a proposed budget for the succeeding fiscal year in time to allow publication thereof not later than an April issue of The Florida Bar Journal or The Florida Bar News.
2-6.8 Dues. The dues of active members of The Florida Bar shall be included in the proposed budget filed by The Florida Bar in the Supreme Court of Florida.
2-6.9 Notice of board of governors hearing upon proposed budget. The executive director shall publish a notice in The Florida Bar Journal or The Florida Bar News not later than an April issue giving notice of a meeting of the board of governors to be held no earlier than the fifteenth day of the month succeeding the month the notice is published. Such notice shall contain the proposed budget and shall advise that the proposed budget shall become final unless written objections to any item or items therein shall be filed by members of The Florida Bar with the executive director on or before the tenth day of the month following the month of publication.
2-6.10 Hearing and adoption of budget by board of governors. If written objections to any item or items of the proposed budget are filed by members of The Florida Bar within the time provided, a hearing thereon shall be held by the board of governors at the time and place provided in such notice. After such hearing the board of governors shall consider the objections filed and upon consideration thereof the board may amend the proposed budget within the scope of the objections.
2-6.11 Filing of budget with the Supreme Court of Florida. The budget proposed by the board of governors shall be filed with the Supreme Court on or before June 1 and shall become effective unless rejected by the Court within thirty (30) days.
2-6.12 Amendment of the budget. The board of governors, in its discretion from time to time, may amend the budget in order to provide funds for needed expenditures; provided, however, that the total of increases in items of the budget made by amendment, including new items created by such amendments, shall not exceed ten (10) percent of the total income of The Florida Bar for the current fiscal year as anticipated at the time of the amendment. If a proposed amendment shall cause the total of increases in items of the budget made by amendment to exceed such limitation, a hearing upon objections to any item or items therein shall be held by the board of governors in like manner as that provided for the proposed budget. The executive director shall publish a notice in The Florida Bar Journal or The Florida Bar News giving notice of a board of governors meeting to be held no earlier than the fifteenth day of the month succeeding the month in which the notice is published. Such notice shall contain the proposed amendment and shall advise that the proposed amendment shall become final unless written objections to any item or items therein shall be filed by members of The Florida Bar with the executive director on or before the tenth day of the month following the month of publication. If the proposed amendment is adopted by the board of governors in whole or in part, the amendment of the budget shall be filed with the Supreme Court of Florida within the month following the month in which the amendment is adopted.
2-6.13 Appropriations of the budget. Each item of the budget shall be deemed a fixed appropriation, subject only to amendment as provided. All uncommitted balances of appropriations except appropriated restrictions of fund balances shall revert at the end of each fiscal year to the funds from which appropriated. No uncommitted appropriations other than those for the clients’ security fund shall continue beyond the fiscal year for which the budget containing the appropriation is adopted.
2-6.14 Disbursements. The appropriations of the budget shall be disbursed by the executive director in his capacity as treasurer of The Florida Bar in accordance with this chapter. The executive director shall make such disbursements as are required to pay the obligations and expenses of The Florida Bar made within the provisions of the budget.
2-6.15 Continuation of .funding. Any program which calls for an expenditure of funds in excess of $10,000 during any fiscal year shall not be continued beyond the last day of the second of two (2) fiscal years unless such program is specifically authorized by this or other chapters of the Rules Regulating The Florida Bar.
2-6.16 Accounting and audit. The board of governors shall cause books and accounts to be kept in accordance with good accounting practices. Such records shall be audited annually by a certified public accountant authorized to practice in the State of Florida, and a copy of the audit shall be filed forthwith with the Supreme Court of Florida. Within a reasonable time after completion of the audit a condensed summary thereof shall be published in The Florida Bar Journal or The Florida Bar News and a copy filed with the Supreme Court of Florida.
2-7 Sections.
2-7.1 Rules applicable to sections. All sections are governed by the provisions of the Rules Regulating The Florida Bar, this chapter, and the bylaws of the sections as approved by the board of governors and have the scope, powers, duties, and functions expressed in those documents.
2-7.2 Duties. It is the duty of each section, as an integral part of The Florida Bar, to work in cooperation with the board of governors and under its supervision toward accomplishment of the aims and purposes of The Florida Bar and of that section.
2-7.3 Creation of sections. Sections may be created or abolished by the board of governors as deemed necessary or desirable. The following sections of The Florida Bar have been created by the board of governors:
(a) Administrative Law Section
(b) Corporation, Banking and Business Law Section
(c) Criminal Law Section
(d) Law Offices Economics Section
(e) Environmental and Land Use Law Section
(f) Family Law Section
(g) General Practice Section
(h) International Law Section
(i) Labor and Employment Law Section
(j) Local Government Law Section
(k) Real Property, Probate and Trust Law Section
(i) Tax Section
(m) Trial Lawyers Section
(n) Workers Compensation Section
2-7.4 Procedure for creation of sections. Those seeking approval of the board of governors to establish a section shall prepare and submit proposed bylaws for approval by the board of governors. They shall also inform the board of governors of the justification for establishing the section, the proposed dues, proposed budgeting, and proposed function and program of the section.
2-7.5 Legislative action of sections.
(a) Sections may be involved in legislation that is significant to the judiciary, the administration of justice, or the fundamental legal rights of the public or interests of the section or its programs and functions.
(b) Sections shall be required to adopt and follow a reasonable procedure, approved by the board of governors, for determination of legislative policy on any legislation.
(c) Sections shall notify the executive director immediately of determination of any section action regarding legislation.
(d) Any legislative action taken by a section shall be clearly identified as the action of the section and not that of The Florida Bar.
2-8 Committees.
2-8.1 Establishment and appointment of committees. In addition to those committees established elsewhere under this chapter or other chapters of the Rules Regulating The Florida Bar, the board of governors shall create such committees as it may deem advisable and necessary from time to time. The board of governors may dissolve a committee when it deems that the work of the committee has been completed or is no longer necessary. The board of governors may provide for members of any committee to serve for staggered terms beyond the current administrative year. Any vacancies in these committees shall be filled for the unexpired portion in order to provide a regular rotation of committee members. Before June 1 of each year, the president-elect shall appoint all committee members (except for grievance and unlicensed practice of law), who shall serve for the ensuing administrative year. The president-elect shall report the membership of committees to the board of governors and shall, with the advice and consent of the board of governors, name and designate the chairman and vice-chairman of each committee. Persons who are not members of The Florida Bar may be appointed to committees with the advice and consent of the board of governors. The president shall fill vacancies occurring in the membership of the committees for the remainder of the unexpired term and may remove or appoint additional members to a committee.
2-8.2 Committee operations. Each committee shall select from its membership such officers other than the chairman and vice-chairman as it deems advisable and subcommittees may be designated by the chairman from the membership of the committee. Each committee shall meet at such times and places as may be designated by the chairman or vice-chairman. Each committee shall file with the president and executive director all minutes, annual reports, and procedures and recommendations and such interim reports as desired or may be requested by the president or board of governors. No action, report, or recommendation of any committee shall be binding upon The Florida Bar unless adopted and approved by the board of governors.
2-8.3 Standing and special committees. The board of governors shall determine and designate which committees shall be considered as standing committees (permanent) and which committees shall be considered as special committees (temporary or limited) and shall define the specific powers, duties, functions, and scope thereof.
2-8.4 Committee finances. No committee shall incur any debt payable by The Florida Bar without prior approval of the executive director. Each committee shall file with the executive director á detailed statement setting forth any funds needed or required in connection with the work of such committee during the ensuing administrative year for consideration by and inclusion in the annual budget of The Florida Bar after approval by the board of governors.
2-9 Policies and rules.
2-9.1 Authority of board of governors. In order to accomplish the purposes of The Florida Bar and implement the Rules Regulating The Florida Bar, including this chapter, the board of governors shall have the power and authority to establish policies and rules of procedure on the subjects and in the manner provided in this rule.
2-9.2 Standing board policies. The board of governors shall adopt standing board policies governing the internal administration and operation of The Florida Bar and the board of governors. The board of governors may adopt, amend, or rescind standing board policies by a majority vote of the membership of the board of governors provided any amendment to any standing board policy shall not be effective until thirty (30) days after adoption. Such standing board policies may be adopted, rescinded, or amended by a majority vote of those present at any regular meeting of the board of governors provided advance written notice is given to the members of the board of governors of the proposed adoption, repeal, or amendment of any standing board policy. The provision of any standing board policy may be waived by a two-thirds vote of those present at any regular meeting of the board of governors.
2-9.3 Legislative policies. The board of governors shall adopt and may repeal or amend rules of procedure governing the legislative activities of The Florida Bar in the same manner as provided in rule 2-9.2; provided, however, that the adoption of any legislative position shall require the affirmative vote of two-thirds of those present at any regular meeting of the board of governors or two-thirds of the executive commi