The Florida Supreme Court adopted amendments to Chapter 3 of the Rules Regulating The Florida Bar on Dec. 18, 2025, approving changes to attorney discipline procedures with modifications to the original proposals submitted by the Bar.
The court issued a per curiam opinion in case No. SC2025-1180 approving amendments to four key rules governing attorney conduct and discipline procedures. The Florida Bar had petitioned the court to modify rules 3-3.2, 3-5.1, 3-7.2, and 3-7.4, which cover the Board of Governors' authority, general discipline procedures, criminal misconduct protocols, and grievance committee procedures.
The proposed amendments received approval from the Board of Governors of The Florida Bar before being submitted to the court. Following rule 1-12.1(g) requirements, 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 made several significant modifications to the Bar's original proposals while adopting the amendments. The most notable changes include updates to emergency suspension procedures, reorganization of general discipline rules, and new voting requirements for grievance committees.
In rule 3-3.2(b)(2), which governs Emergency Suspension or Probation, the court added the word "interim" to align the terminology with rule 3-5.2 covering Emergency Suspension and Interim Probation. This change creates consistency across related disciplinary provisions and clarifies the temporary nature of emergency suspensions pending full disciplinary proceedings.
The court implemented a comprehensive reorganization of rule 3-5.1, which covers general discipline procedures. Each subdivision within the rule was either relettered or renumbered, with many subdivisions receiving new titles for clarity. This restructuring aims to improve the organization and accessibility of the disciplinary framework for attorneys and Bar officials.
Two specific subdivisions in rule 3-5.1 received substantive amendments addressing permanent sanctions. The court amended renumbered subdivisions (a)(5) covering Disbarment and (a)(6) addressing Disciplinary Revocation to clarify 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 eliminates potential ambiguity about the finality of the most severe disciplinary sanctions.
Rule 3-7.2(l), which addresses Waiver of Time Limits in disciplinary proceedings, received an amendment allowing lawyers to waive time limits orally on the record at hearings before a referee. This procedural change provides additional flexibility in disciplinary proceedings while maintaining appropriate safeguards through the on-the-record requirement.
The court also modified rule 3-7.4(g)(3) governing voting procedures for grievance committees. The amendment requires all grievance committee actions, not just findings of probable cause and recommendations of guilt, to be decided by majority vote. This change expands the majority vote requirement to cover all committee decisions, ensuring consistent decision-making standards across different types of grievance committee actions and allowing committees to take binding action on a broader range of matters.
The amendments reflect ongoing efforts to modernize and streamline Florida's attorney discipline system. The changes address procedural clarity, consistency in terminology, and decision-making processes within the disciplinary framework. By reorganizing existing rules and clarifying key provisions, the amendments aim to improve the efficiency and fairness of attorney discipline proceedings.
The Florida Supreme Court exercised its constitutional authority under Article V, Section 15 of the Florida Constitution to regulate the practice of law in the state. The court also cited rule 1-12.1 of the Rules Regulating The Florida Bar as providing jurisdiction for the amendments.
The adopted amendments will take effect according to the court's standard implementation procedures for rule changes. The modifications represent collaborative efforts between the Florida Supreme Court and The Florida Bar to maintain professional standards while ensuring due process protections for attorneys subject to disciplinary proceedings.
These rule changes continue Florida's tradition of regularly updating its attorney regulation framework to address evolving legal practice needs and maintain public confidence in the legal profession. The amendments balance the need for effective attorney discipline with procedural fairness and clarity in the regulatory process.