The Florida Supreme Court adopted amendments to Chapter 3 of the Rules Regulating The Florida Bar on December 18, 2025, implementing changes that will affect attorney disciplinary procedures and bar governance across the state. The court's per curiam opinion in case No. SC2025-1180 addressed a petition filed by The Florida Bar seeking to modify several key professional conduct rules.
The amendments affect four specific rules within Chapter 3: rule 3-3.2 covering the Board of Governors of The Florida Bar, rule 3-5.1 addressing general disciplinary procedures, rule 3-7.2 governing procedures for criminal or professional misconduct, and rule 3-7.4 outlining grievance committee procedures.
The proposed changes had already received approval from the Board of Governors of The Florida Bar before being submitted to the state's highest court. Following established procedures under rule 1-12.1(g), the Bar published formal notice of its intent to file the petition in The Florida Bar News, directing interested parties to submit comments directly to the court. No public comments were received during the comment period.
The court adopted the Bar's proposed amendments with modifications, implementing several changes that court officials described as more significant rule modifications. One key change involves adding the word "interim" to rule 3-3.2(b)(2), which addresses Emergency Suspension or Probation procedures. This modification aligns the rule's terminology with language already used in rule 3-5.2, which covers Emergency Suspension and Interim Probation.
The court also implemented a comprehensive reorganization of rule 3-5.1, the general disciplinary rule. Each subdivision within the rule received new lettering or numbering, and many subdivisions were given new titles to improve clarity and organization. The restructuring represents an effort to streamline the rule's presentation and make it more accessible to legal professionals.
Within the reorganized rule 3-5.1, the court made important clarifications to subdivisions addressing the most serious disciplinary sanctions. The amended subdivisions (a)(5) covering Disbarment and (a)(6) addressing Disciplinary Revocation now explicitly state that lawyers subject to orders of either permanent disbarment or disciplinary revocation without leave to apply for readmission are permanently barred from seeking readmission to the Bar. This change removes any ambiguity about the finality of these severe disciplinary measures.
The court also modified rule 3-7.2(l), which governs Waiver of Time Limits in disciplinary proceedings. Under the new language, lawyers can now waive any time limits established in rule 3-7.2 orally on the record during hearings before a referee. This procedural change provides additional flexibility in disciplinary proceedings while maintaining proper documentation of any waivers.
Rule 3-7.4(g)(3), covering voting procedures for grievance committees, received another notable amendment. The modified rule now requires that all grievance committee actions, not just findings of probable cause and recommendations of guilt, must be decided by majority vote. This change standardizes voting requirements across all types of grievance committee decisions, potentially affecting how these committees operate and make determinations.
The Florida Supreme Court's jurisdiction to approve these amendments stems from Article V, Section 15 of the Florida Constitution and rule 1-12.1 of the Rules Regulating The Florida Bar, which grant the court authority over attorney regulation and discipline matters.
These rule changes reflect ongoing efforts by The Florida Bar and the state supreme court to refine and improve the attorney disciplinary system. The modifications address both substantive and procedural aspects of lawyer discipline, from clarifying the permanence of the most serious sanctions to streamlining committee voting procedures.
The absence of public comments during the notice period suggests broad acceptance of the proposed changes within Florida's legal community. The amendments take effect immediately following the court's December 18, 2025 opinion, which was issued as a corrected version.
The updated rules will govern how The Florida Bar handles attorney discipline matters, including emergency suspensions, permanent sanctions, and grievance committee procedures. Legal professionals practicing in Florida should familiarize themselves with these changes, particularly the reorganized structure of rule 3-5.1 and the modified terminology and procedures in the other affected rules.
The amendments represent part of the ongoing evolution of Florida's attorney regulatory framework, designed to maintain professional standards while ensuring fair and efficient disciplinary procedures. The changes balance the need for clear, enforceable rules with procedural flexibility that serves both the profession and the public interest.