The terrestrial arthropod fauna of Cierva Point SSSI, Danco Coast, northern Antarctic Peninsula

first_imgWe report the composition of terrestrial arthropod collections made at Cierva Point Site of Special Scientific Interest, Dance Coast (northern Antarctic Peninsula, 64 degrees 10’S – 60 degrees 57’W), during the 1994/5 and 1995/6 austral summers. A total of 15 free-living micro-arthropod species were found in hand collections and heat extractions of 12 different substrate types, including one Diptera, three Collembala and 11 Acari. In addition, one vertebrate parasitic tick was recorded (Acari, Metastigmata), one probably introduced ”show scorpion fly” (Insecta, Mecoptera), and at least one species of Astigmata (Acari), which may be either parasitic or nidicolous. Greatest diversity was found in mosses-and algal mats (13 species), although within individual samples it was similar (5-6 species per sample) from most low-altitude vegetated or open habitats. Greatest population densities were recorded from mats of the alga, Prasiola crispa. With the exception of vertebrate-associated species, which were obtained from nest material or in the vicinity of bird colonies, mast micro-arthropods were generally distributed, although with widely-varying abundance. Species diversity was slightly lower than, but similar to, that obtained in recent detailed studies of other sites in the maritime Antarctic. This indicates a terrestrial arthropod fauna representative of the maritime Antarctic in general, although two species, the collembolan Isotoma octooculata and the oribatid mite Globoppia loxolineata, were present more widely than reported eleswhere.last_img read more

Short-period planetary waves in the Antarctic middle atmosphere

first_imgPlanetary waves with periods between two and four days in the middle atmosphere over Antarctica are characterized using one year of data from the medium-frequency spaced antenna (MFSA) radars at Scott Base, Rothera, and Davis. In order to investigate the origin of the observed waves, the ground-based data are complemented by temperature measurements from the Earth Observing System Microwave Limb Sounder (EOS MLS) instrument on the Aura satellite as well as wind velocity data from the United Kingdom Met. Office (UKMO) stratospheric assimilation. Observed characteristics of waves with a period of approximately two days in summer are consistent with the quasi-two-day wave (QTDW) generally found after the summer solstice at low- and mid-latitudes. The Scott Base observations of the QTDW presented here are the highest-latitude ground-based observations of this wave to date. Waves with preferred periods of two and four days occur in bursts throughout the winter with maximum activity in June, July, and August. The mean of the two- and four-day wave amplitudes is relatively constant, suggesting constant wave forcing. When several waves with different periods occur at the same time, they often have similar phase velocities, supporting suggestions that they are quasi-non-dispersive. In 2005, a “warmpool” lasts from late July to late August. An alternative interpretation of this phenomenon is the presence of a structure propagating with the background wind. Consideration of the role of vertical shear (baroclinic instabilities) and horizontal shear (barotropic instabilities) of the zonal wind suggests that instabilities are likely to play a role in the forcing of the two- and four-day waves, which are near-resonant modes and thus supported by the atmosphere.last_img read more

Financial Aid Counselor

first_imgOTHER DUTIES AND RESPONSIBILITIESMay perform other duties and responsibilities that management maydeem necessary from time to time.POSITION IN ORGANIZATION REPORTS TO: Director, Financial AidPOSITIONS SUPERVISED: Not applicableTECHNICAL, MANAGERIAL, AND PEOPLE SKILLS REQUIREDTo perform this job successfully an individual must be able toperform each essential duty satisfactorily. The requirements listedbelow are representative of the knowledge, skill, and/or abilityrequired. Incumbents will be evaluated, in part, based onperformance of each essential function. Appropriate reasonableaccommodations may be made to enable individuals with disabilitiesto perform essential functions.EDUCATION and/or EXPERIENCE BUSINESS COMPETENCIESTo perform the job successfully, an individual should demonstratethe following competencies: The mission of The University of St. Augustine for Health Sciencesis the development of professional health care practitionersthrough innovation, individualized, and quality classroom,clinical, and distance education.GENERAL SUMMARYThe University’s financial aid counselor position is responsiblefor all aspects of the student financing process. The individualwill counsel students and their families on financial mattersrelating to the cost of attending the university; counsel onpayment options to include federal, state, private, veterans’education benefits, military tuition assistance, payment plans andinstitution aid. This position requires the individual to provide ahigh level of customer service by working closely with admissions,enrollment, financial aid, and finance groups to ensure thatprospective and continuing students/families have a complete andcomprehensive understanding of the institution, cost of attendingthe university and how to pay for their education.ESSENTIAL DUTIES AND RESPONSIBILITIES WORK ENVIRONMENTWork is performed primarily in a standard office environment butmay involve exposure to moderate noise levels. Work involvesoperation of personal computer equipment for six to eight hoursdaily and includes physical demands associated with a traditionaloffice setting, e.g., walking, standing, communicating, and otherphysical functions as necessary.The University of St. Augustine for Health Sciences is an equalopportunity at will employer and does not discriminate against anyemployee or applicant for employment because of age, race,religion, color, disability, sex, sexual orientation or nationalorigin. A Bachelor’s degree or equivalent experience required and 3-5years current experience working in a progressive financial aidoffice or similar offices.Attention to detail and organizational skills are a must.Openet, Powerfaids, NSLDS, and Datatel/Colleague experience aplus.Excellent verbal and written communication skillsrequired.Ability to successfully resolve student issues from request toresolution ensuring a positive student experience.Must be able to handle multiple tasks and priorities in afast-paced environment. Collaborates – Building partnerships and workingcollaboratively with others to meet shared objectives.Being Resilient – Rebounding from setbacks and adversity whenfacing difficult situations.Instills Trust – Gaining the confidence and trust of othersthrough honesty, integrity, and authenticity.Drives Results – Consistently achieving results, even undertough circumstances.Innovation – Creating new and better ways for the organizationto be successful.Customer Focus – Building strong customer relationships anddelivering customer-centric solutions. Counsel students/families on available funding options inaccordance to their need’s assessmentsProvide a generic overview of financial aid programs availableto qualifying studentsProvide a thorough overview of financial aid and veterans’education benefits and military tuition assistance as necessary orrefer the student/family to the proper subject matter expertServe as a School Certifying Official for veterans’ educationbenefits, including completion of required trainingAdvise students/families on how to best locate informationnecessary to complete financial paperwork successfully and to meetany deadlinesGuide students/families through financial aid paperwork tocompletionCounsel students on all matters related to financing theireducation as it relates to enrollment, satisfactory academicprogress, leave of absences, etc., so that students maintain theiraidCommunicate with applicants/students/families via emails,and/or phoneDirect students/families to proper offices for information whenapplicableDemonstrate a thorough understanding of the university as itrelates to admissions, academic advising, registrar, financial aid,and enrollment so that students/families are directed to subjectmatter experts as appropriateOther duties as assignedlast_img read more

LETTER TO THE EDITOR: EVSC Negotiations Op-Ed

first_imgI am writing to clarify exactly where we are with regard to the negotiations between the Evansville Vanderburgh School Corporation and Teamsters Local 215.There have been two issues that the School Administration has insisted must be addressed in these negotiations.  One is to have employees have the choice as to whether or not they join the union or pay an agency fee, and the other is to have the School Board be the final arbiter of employee grievances.While we felt it was unfair and unnecessary to change the existing perfectly legal agency fee provision, in the spirit of compromise, we agreed to allow the employee a choice on joining the union or paying agency fees.  Under our proposal all existing employees will have a ten (10) day period to opt out of union representation and the fees associated with that representation, and all new employees will have the choice as to whether or not they join the union.  The EVSC can now stop repeating over and over that our union won’t agree to do away with the agency shop.The demand by the EVSC to be the final step in the grievance procedure is a proposal that no fair minded person could ever agree to.  The School Board is the party that approves and signs this contract.  In other words, it is a party to the contract.  There is nothing fair or just about a dispute resolution procedure where one party to the dispute gets to act as judge and jury.Based on the response we have gotten, it is clear to me that the overwhelming majority of this community also agrees that the School Board should not be the final arbiter of disputes.We have made a variety of proposals on this issue, but have been unwilling to agree with the Board being the final step of the grievance procedure.Because of the EVSC’s negotiating approach, none of our members’ proposals or concerns have even been talked about.Last year, the EVSC held quickie elections on union “recertification” for both our bus driver unit and secretarial unit.  The bus drivers affirmed their desire for union representation by a vote of 120-27 and the secretaries affirmed their desire for union representation by a vote of 70-27.At that time Superintendent David Smith said “our employees have a voice, and they certainly have spoken.  As we have said before, we will honor their wishes.”  It is time for those words to be lived up to.Sincerely,Chuck WhobreyPresident and Business Manager of Teamsters Local 215FacebookTwitterCopy LinkEmailSharelast_img read more

Indiana health leaders concerned about COVID variants

first_imgCoronavirusIndianaLocalNews WhatsApp By Jon Zimney – March 13, 2021 1 371 Twitter Previous articleDriver dies of gunshot wounds after shooting in Benton HarborNext articleThe S.S. Badger is ready for a full season of taking cars across the lake this year Jon ZimneyJon Zimney is the News and Programming Director for News/Talk 95.3 Michiana’s News Channel and host of the Fries With That podcast. Follow him on Twitter @jzimney. Indiana health leaders concerned about COVID variants Pinterest This undated electron microscope image made available by the U.S. National Institutes of Health in February 2020 shows the Novel Coronavirus SARS-CoV-2. Also known as 2019-nCoV, the virus causes COVID-19. The sample was isolated from a patient in the U.S. (NIAID-RML) Indiana health officials say they want as many Hoosiers as possible vaccinated against coronavirus before its mutations start gaining a foothold.Indiana hasn’t seen Brazilian or South African variants of the virus yet. There have been 28 confirmed cases of a more infectious British mutation, and Indiana State Department of Health commissioner Kristina Box says there are probably more.At least one case of the UK variant has been confirmed in St. Josepph County.The health department is randomly testing virus samples for the variants’ genetic signature, especially when there are clusters of infections that seem to be spreading more rapidly, or if someone who had the virus before is infected again.Coronavirus numbers have improved dramatically in Indiana and most of the U-S over the last two months, but Box says she expects the mutations to push Indiana’s numbers up again after a two-month decline. She says some of the vaccines may be less effective in keeping you from getting sick from the variants, but says in data so far, they still appear to prevent serious illness.Box says the mutations serve as a reminder not to let your guard down too soon. She says you still need to wear a mask, maintain social distancing, and stay home if you have symptoms. And she says even Hoosiers who have been vaccinated should avoid contact against people who haven’t and are at high risk for serious illness. Twitter Google+ Facebook Facebook Pinterest WhatsApp Google+last_img read more

Widespread Panic Heats Up Summer Tour With A Rager In Omaha [Gallery/Review/Setlist]

first_imgIn the middle of America yesterday, Widespread Panic brought their brand of southern rock to eager fans at the Orpheum Theatre in Omaha, NE. What ensued was a superlative Tuesday.The first set opened with a rocking “Glory.” The crowd was still trickling in, and those who were inside were then treated with a raucous “Greta.” Everyone was dancing and singing. Other highlights of the first set included “Shut Up and Drive” and “Tail Dragger.” They closed the first set with an energetic “Makes Sense to Me,” almost exactly sixty minutes after they began “Glory.”The second set continued right where they left off. “Weak Brain, Narrow Mind” was a great opener to the set. “Weight of the World” continued the high-energy start to the set. Perhaps one of the high points of the show was the “That Thang (Party at Your Mama’s House).” The instrumental tune ensured that everyone was dancing hard despite how hot it was inside the venue. The crowd especially went crazy when the image of a honeybee was produced on the LED screens. This was the same bee image from the show poster by Subject Matter Studio, and the crowd recognized it. As the song continued, the image of the bee started becoming wavy, much like a mirage, and this was perfect for the moment considering the temperature during the day before the show and inside the venue as they rocked out “That Thang.”The best segue of the night came when they went slowly and deliberately from the instrumental into “Ribs and Whiskey.” “Red Beans” was fun, and the “Surprise Valley > Drums > Surprise Valley” was great. The “Drums” really highlighted drummer Duane Trucks on the skins as even percussionist Sunny Ortiz stopped playing and just watched the former in amazement. “Proving Ground” was incredibly swampy and the set closed out with “Mr. Soul.”The band began the encore with “Me and the Devil Blues.” It seemed especially appropriate, at least the lighting. The band and stage were cast in a very red light. The red was very crimson, and perhaps they did this to match a certain group of Spreadheads present at the show. Anyone in the pit saw this red-shirted clan, and anyone in the balcony saw the shirts thrown onto the stage, littering the ground of the musicians. It was a red shirt that had the outline of Nebraska and said “paNic” inside, with a capitalized n for Nebraska. Even bassist Dave Schools said with a smile, “Those are some red shirts,” right before they cast the stage in red and began the song. Even keyboardist JoJo Hermann donned one of the shirts to salute the Nebraska Spreadheads. So they played the bluesy tune and ended the show with a crooning cover of Talking Heads’ “Heaven.” And that was the Tuesday night Widespread Panic show! As the back of those red shirts said, the show in Nebraska exemplified “The Good People in the Good Life.”Widespread Panic continues their summer tour tonight in Kansas City before heading to the storied Red Rocks Amphitheatre for three nights this weekend. Those shows will be webcasted here, so check it out!Check out the setlist, courtesy of PanicStream, and the full gallery by Ojeda Photography, below.Setlist: Widespread Panic at Orpheum Theatre, Omaha, NE – 6/21/16Set 1: Glory, Greta > Walk On, Tickle The Truth, Worry, Shut Up and Drive, Tail Dragger, Flicker > Makes Sense To Me (60 mins)Set 2: Weak Brain, Narrow Mind > Weight Of The World, Solid Rock, I’m Not Alone, That Thang (PAYMH) > Ribs and Whiskey, Red Beans > Surprise Valley > Drumz > Surprise Valley > Proving Ground > Mr Soul (99 mins)Encore: Me and The Devil Blues, Heaven (16 mins)Check out the full gallery of images below. Load remaining imageslast_img read more

Chris Robinson Brotherhood Enlists Keyboardists Pete Sears, Joel Robinow For Upcoming ‘Servants Of The Sun’ Tour

first_imgFollowing the departure of longtime member Adam MacDougall, Chris Robinson Brotherhood has announced two new keyboardists for their forthcoming Servants of the Sun tour.Pete Sears will join The CRB for all of the band’s May shows, including dates in the Southeast, as well as Dark Star Jubilee and Summer Camp Music Festival. Joel Robinow will then swap in for Sears, coming aboard for late June performances and a July tour across Europe.Sears’ history stretches across six decades, having been a member of bands with Rod Stewart, Hot Tuna, and Jefferson Starship among others. The multi-instrumentalist also plays bass in Robinson’s cosmic-country revival band, Green Leaf Rustlers. Robinow is the founding member of acclaimed indie prog ensemble Once & Future Band, who Robinson has frequently praised as one of his favorite modern artists. The CRB’s Servants Of The Sun tour marks the band’s final scheduled shows of 2019.Despite the lineup changes and an indefinite hiatus following the band’s scheduled summer tour dates, Chris Robinson Brotherhood is gearing up to release their new studio album, Servants of the Sun, due out on June 14th via Silver Arrow Records. Servants of the Sun marks The CRB’s sixth full-length album since forming in 2011. Fans can head here to pre-order a copy of Chris Robinson Brotherhood’s Servants of the Sun.For ticketing and more information, head to the band’s website.Chris Robinson Brotherhood 2019 Tour Dates:5/16 – Kill Devil Hills, NC – Outer Banks Brewing Station5/17 – Wilmington, DE – The Queen5/18 – Richmond, VA – Riverrock Festival5/19 – Greenville, NC – The State Theatre5/21 – Huntington, WV – V Club5/23 – Lexington, KY – Manchester Music Hall5/24 – Maryville, TN – The Shed5/25 – Thornville, OH – Dark Star Jubilee5/26 – Chillicothe, IL – Summer Camp Music Festival6/27 – Brooklyn, NY – Baby’s All Right6/29 – Wappingers Falls, NY – Tail Winds Music Festival6/30 – Riverhead, NY – Suffolk Theater7/1 – Port Washington, NY – Landmark on Main Street7/11 – Lleida, ES – Doctor Music Festival7/12 – Amsterdam, NL – Paradiso7/14 – Weert, NL – Bospop7/18 – Isernhagen, DE – Blues Garage7/19 – Torgau, DE – Kulturbastion Open Air7/21 – Maidstone, UK – Ramblin’ Man Festival7/23 – Ab, DE – Colos-Saal7/24 – Dusseldorf, DE – Zack Zentrum fur Aktion7/25 – Berlin, DE – Columbia Theater7/26 – Hamburg, DE – Fabrik7/27 – Breitenbach, DE – Herzberg Festival7/28 – Munchen, DE – MuffahalleView Tour Dateslast_img read more

Oppman, Lorenc reflect on year in office

first_imgBailey Oppman and Lydia Lorenc, Saint Mary’s student body president and vice president emeritus, set out to use their term to make several changes to the Saint Mary’s community. “One of the things I was most excited to accomplish was the student 5k fun run/walk to promote a healthy lifestyle,” Lorenc said in an email. “With the new Angela [Athletic and Wellness] facility opening, we wanted to emphasize the importance of wellness in a way that incorporated our favorite spots on campus. This is was something new on our platform that hadn’t really been done in the SMC community before.” Oppman and Lorenc had several goals they wished to accomplish over the year. These goals included organizing the Sister Sprint 5k, continuing Monthly Mingle events, updating Student Government Association (SGA)’s policies and promoting sustainability. “I think one of my proudest accomplishments as student body president and vice president has been our ability to work diligently to accomplish some of our biggest goals on our platform,” Oppman said in an email. “This included … partnering with BAVO to educate students on sexual assault and violence.” Reflecting upon her year in office, Lorenc said one aspect of the vice presidency she liked the most was representing Saint Mary’s in various capacities. “One of my favorite parts of being vice president was being able to represent our school at the Notre Dame football game,” Lorenc said. “Being on the field presenting the flag was such a surreal moment. And I really enjoyed wearing my Saint Mary’s College sweater with pride.” Oppman said for her, the best part of the job was the chance to interact with the college community.“My favorite part of being student body president was the privilege I had to work alongside so many talented individuals,” Oppman said. “From planning student events to giving input for the college’s strategic plan, I have met and collaborated with so many incredible and dedicated people.” Being student body president allowed Oppman the opportunity to practice patience even when it was difficult for her, she said. “I think I learned the power of patience,” Oppman said. “I am a natural ‘go-getter’ and I like things to be done quickly and efficiently. However, my role as student body president taught me to be more patient especially when working with others. Patience is key … and I think my experiences throughout the last year taught me that.”While Oppman and Lorenc said they had a great experience over the past year, they also said they learned a lot through the job. Oppman and Lorenc hope to pass on these lessons with the 2018-2019 student body president and vice president, juniors Madeleine Corcoran and Kathy Ogden. “One of the biggest pieces of advice I want to pass on to Madeleine and Kathy for next year is to just breathe and enjoy the ride,” Lorenc said. “Time flies so fast, and there are so many things to take in. From sitting on seven committees, to representing the student body with the Board of Trustees, serving as student leaders is very rewarding. Try not to get caught up in the endless to-do list, but sit back and take in the impact you are making as a student leader.”Tags: 2018 Commencement, Commencement 2018, Commencement Issue 2018, Corcoran-Ogden, Oppman-Lorenc, Saint Mary’s SGA, sga, Student governmentlast_img read more

Mary Powell Named to Blue Cross and Blue Shield of Vermont Board of Directors

first_imgMary Powell Named to Blue Cross and Blue Shield of Vermont Board of Directors.Berlin – Mary G. Powell has been elected to the Board of Directors of Blue Cross and Blue Shield of Vermont. Ms. Powell was elected at the company’s recent annual meeting.Ms. Powell is senior vice president and chief operating officer for Green Mountain Power Corp. She was formerly senior vice president of community banking for KeyBank in Vermont. Prior to moving to Vermont from New York, she worked for the Reserve Fund as its associate director of operations. She also serves as a trustee of the Vermont Land Trust and Champlain College, and was appointed by the governor as co-chair of Building Bright Futures. She also serves as the co-chair of the Education Cost and Quality Task Force for the Vermont Business Roundtable.Blue Cross and Blue Shield of Vermont is the state’s only Vermont-based health insurer and is the largest private health plan in Vermont. It employs more than 350 people and provides health care benefits for more than 160,000 Vermonters. The company offers benefits and services to virtually all Vermont populations through its array of indemnity and managed care products and through its partner companies, The Vermont Health Plan and Comprehensive Benefits Administrators. BCBSVT and TVHP were recently named by U.S. News and World Reports as two of the top 50 health plans in the United States.The Blue Cross and Blue Shield of Vermont Board of Directors is comprised of 14 men and women, and its membership reflects representation from all corners of Vermont and all walks of life. Blue Cross and Blue Shield of Vermont is an independent corporation operating under a license with the Blue Cross and Blue Shield Association, an association of independent Blue Cross and Blue Shield Plans.last_img read more

Bar rules proposals to be filed

first_img Bar rules proposals to be filed The Board of Governors of The Florida Bar hereby gives notice of filing with the Supreme Court of Florida, on or about April 15, a petition to amend the Rules Regulating The Florida Bar. The full text of the proposed amendments is printed below. Some are substantive revisions; others are merely editorial refinements. These items will constitute the Bar’s annual filing of virtually all rules changes favorably recommended by the Board since April 2005 but held for this consolidated submission. A copy of this consolidated submission may be requested by contacting the Office of the General Counsel, The Florida Bar, 651 East Jefferson St., Tallahassee, Florida 32399-2300 or calling 850/561-5600, Extension 5751. Members who desire to comment on these proposed amendments may do so within 30 days of the filing of the Bar’s petition. Comments should be filed directly with the clerk of the Supreme Court of Florida, and a copy must be served on the executive director of The Florida Bar. Rule 1-21.1, Rules Regulating The Florida Bar, governs these proceedings. RULES REGULATING THE FLORIDA BAR CHAPTER 1 GENERAL *** SUBCHAPTER 1-7. MEMBERSHIP FEES AND FISCAL CONTROL *** RULE 1-7.3 MEMBERSHIP FEES (a) Membership Fees Requirement. [no change] (b) Prorated Membership Fees. [no change] (c) Installment Payment of Membership Fees. [no change] (d) Election of Inactive Membership. [no change] (e) Late Payment of Membership Fees. [no change] (f) Membership Fees Exemption for Activated Reserve Members of the Armed Services . Members of The Florida Bar engaged in reserve military service in the Armed Forces of the United States who are called to active duty for 30 days or more during the bar’s fiscal year shall be exempt from the payment of membership fees required under this rule. For purposes of this rule, the Armed Forces of the United States includes the United States Army, Air Force, Navy, Marine Corps, Coast Guard, as well as the Army National Guard, Army Reserve, Navy Reserve, Marine Corps Reserve, the Air National Guard of the United States, the Air Force Reserve, and the Coast Guard Reserve. Requests for an exemption shall be made within 15 days before the date that membership fees are due each year or within 15 days of activation to duty of a reserve member. To the extent membership fees were paid despite qualifying for this exemption, such membership fee shall be reimbursed by The Florida Bar within 30 days of receipt of a member’s request for exemption. Within 30 days of leaving active duty status, the member shall report to The Florida Bar that he or she is no longer on active duty status in the United States Armed Forces. *** SUBCHAPTER 1-12. AMENDMENTS *** RULE 1-12.2 Supreme Court procedures on the review of proposed amendments (a) Nature of Proceedings . The process of court review of amendments proposed under this rule is not an adversarial proceeding. The process is a procedure that is best implemented in a conference and dialogue setting as opposed to the case and controversy format. (b) Court Conference Authorized . The court may direct a conference of interested persons at which the proposed amendments are discussed. The conference shall be held at a location specified in the court’s order directing the scheduling of such conference. (c) Notice of Conference . If the court directs that a conference shall be scheduled, the court shall also direct The Florida Bar to publish notice of such in The Florida Bar News at least 90 days before the date of the conference, or such other time as the court may direct. (d) Participation at Conference . Interested persons may participate in the conference if those persons file a request for participation with the clerk of the Supreme Court of Florida and receive permission of the court to do so. Requests to participate shall be filed at least 30 days before the scheduled conference. However, the court may allow participation requested less than 30 days before the date of the conference for good cause shown. (e) Written Comments . The court may direct persons participating in the conference to file written comments with the clerk of the Supreme Court of Florida and may require such comments as a prerequisite to participation at the conference. Written comments shall be filed at least 30 days before the scheduled conference, or such other time as the court may direct. A copy of all comments filed shall also be furnished to the executive director of The Florida Bar contemporaneous with filing such comments. (f) Response to Comments . The person who filed the proposed amendments may file a response to any written comments and may do so within 10 days of the filing of the comments, or such other time as the court may direct. (g) Additional Comments . The court may direct interested persons to file additional comments after the court conference and may limit the scope of such additional comments. The court may permit a reply to additional comments and shall fix a time for such if a reply is permitted. Comment The case and controversy format is ill-suited to providing a forum for discussion of proposed rule amendments and education of the court as to the bases for such amendments. A conference at which participants may discuss proposed amendments in a back-and-forth dialogue with questions and answers for the education of the court provides a greater opportunity for full and complete discussion of all issues involved in the amendments. The purpose of requiring notice is so that interested persons may study the proposed amendments and determine where consensus exists and where disagreement remains. Requiring interested persons to request permission to participate in the conference allows for better administration in selecting the meeting site and in preparing materials for presentation. Requiring written comments from those who wish to participate in the conference identifies the issues for discussion and allows interested persons and the court to be better prepared for the dialogue. CHAPTER 2 BYLAWS OF THE FLORIDA BAR *** SUBCHAPTER 2-7. SECTIONS *** BYLAW 2-7.3 CREATION OF SECTIONS AND DIVISIONS Sections and divisions may be created or abolished by the board of governors as deemed necessary or desirable. (a) Sections. The following sections of The Florida Bar have been created by the board of governors: ( a 1 ) Administrative Law Section; ( b 2 ) Appellate Practice Section; ( c 3 ) Business Law Section; ( d 4 ) City, County and Local Government Law Section; ( e 5 ) Criminal Law Section; ( f 6 ) Elder Law Section; ( g 7 ) Entertainment, Arts, and Sports Law Section; ( h 8 ) Environmental and Land Use Law Section; ( i 9 ) Equal Opportunities Law Section; ( j 10 ) Family Law Section; ( k 11 ) General Practice, Solo and Small Firm Section; ( l 12 ) Government Lawyer Section; ( m 13 ) Health Law Section; ( n 14 ) International Law Section; ( o 15 ) Labor and Employment Law Section; ( p 16 ) Practice Management and Development Section; ( q 17 ) Public Interest Law Section; ( r 18 ) Real Property, Probate, and Trust Law Section; ( s 19 ) Tax Section; ( t 20 ) Trial Lawyers Section; and ( u 21 ) Workers’ Compensation Section. (b) Divisions. The following divisions of The Florida Bar have been created by the board of governors: ( a 1 ) Out-of-State Practitioners Division; and ( b 2 ) Young Lawyers Division. *** CHAPTER 3 RULES OF DISCIPLINE *** SUBCHAPTER 3-2. DEFINITIONS RULE 3-2.1 GENERALLY Wherever used in these rules the following words or terms shall have the meaning herein set forth unless the use thereof shall clearly indicate a different meaning: (a) Bar Counsel. [no change] (b) The Board or the Board of Governors. [no change] (c) Complainant or Complaining Witness. [no change] (d) This Court or the Court. [no change] (e) Court of this State. [no change] (f) Diversion to Practice and Professionalism Enhancement Programs. [no change] (g) Executive Committee. [no change] (h) Executive Director.[no change] (i) Practice and Professionalism Enhancement Programs. [no change] (j) Probable Cause. [no change] (k) Referral to Practice and Professionalism Enhancement Programs. [no change] ( l ) Referee. [no change] (m) Respondent. [no change] (n) Staff Counsel. [no change] ( o ) Chief Branch Discipline Counsel. [no change] (p) Designated Reviewer. The designated reviewer is a member of the board of governors responsible for review and other specific duties as assigned by the board of governors with respect to a particular grievance committee or matter. If a designated reviewer recuses or is unavailable, any other board member may serve as designated reviewer in that matter. The designated reviewer will be selected, from time to time, by the board members from the circuit of such grievance committee. In circuits having an unequal number of grievance committees and board members, review responsibility will be reassigned, from time to time, to equalize workloads. On such reassignments responsibility for all pending cases from a particular committee passes to the new designated reviewer. The chief branch discipline counsel will be given written notice of changes in the designated reviewing members for a particular committee. (q) Final Adjudication. [no change] *** SUBCHAPTER 3-5. TYPES OF DISCIPLINE RULE 3-5.1 Generally A judgment entered, finding a member of The Florida Bar guilty of misconduct, shall include one or more of the following disciplinary measures: (a) Admonishments. [no change] (b) Minor Misconduct. Minor misconduct is the only type of misconduct for which an admonishment is an appropriate disciplinary sanction. (1) Criteria. [no change} (2) Discretion of Grievance Committee. [no change] (3) Recommendation of Minor Misconduct. If a grievance committee finds the respondent guilty of minor misconduct or if the respondent shall admit guilt of minor misconduct and the committee concurs, the grievance committee shall file its report recommending an admonishment, recommending the manner of administration, and for the taxing of costs , and an assessment or administrative fee in the amount of $1,250 against the respondent. The report recommending an admonishment shall be forwarded to staff counsel and the designated reviewer for review. If staff counsel does not return the report to the grievance committee to remedy a defect therein, or if the report is not referred to the disciplinary review committee by the designated reviewer (as provided in rule 3-7.5(b)), the report shall then be served on the respondent by bar counsel. The report and finding of minor misconduct shall become final unless rejected by the respondent within 15 days after service of the report. If rejected by the respondent, the report shall be referred to bar counsel and referee for trial on complaint of minor misconduct to be prepared by bar counsel as in the case of a finding of probable cause. If the report of minor misconduct is not rejected by the respondent, notice of the finding of minor misconduct shall be given, in writing, to the complainant. (4) Rejection of Minor Misconduct Reports. [no change] (5) Admission of Minor Misconduct. [no change] (c) Probation. [no change] (d) Public Reprimand. [no change] (e) Suspension. [no change] (f) Disbarment. [no change] (g) Notice to Clients. [no change] (h) Forfeiture of Fees. [no change] (i) Restitution. [no change] (j) Disciplinary Resignation. [no change] *** SUBCHAPTER 3-6. EMPLOYMENT OF CERTAIN ATTORNEYS OR FORMER ATTORNEYS RULE 3-6.1 GENERALLY An authorized business entity (as defined elsewhere in these rules) may employ individuals subject to this rule to suspended attorneys and former attorneys who have been disbarred or whose disciplinary resignations have been allowed [for purposes of this rule such attorneys and former attorneys are referred to as either “individual(s) subject to this rule”, “individual(s)”, or “employee(s)”]. Subject to the exceptions set forth below these individuals may perform such those services only as that may ethically be performed by other lay persons nonlawyers employed by authorized business entities : . (a) Individuals Subject to This Rule. Individuals subject to this rule are suspended attorneys and former attorneys who have been disbarred, disbarred on consent, or whose disciplinary resignations have been allowed. (b) Definition of Employment. An individual subject to this rule shall be considered as an employee of an authorized business entity if the individual is a salaried or hourly employee or volunteer worker for an authorized business entity, or an independent contractor providing services to an authorized business entity. ( c b ) Employment by Former Subordinates Prohibited for a Period of 3 Years . An individual subject to this rule may not, for a period of 3 years from the entry of the order pursuant to which the suspension, disciplinary resignation, or disbarment became effective, or until the individual is reinstated or readmitted to the practice of law, whichever occurs sooner, be employed by or work under the supervision of another attorney who was supervised by the individual at the time of or subsequent to the acts giving rise to the order. ( d c ) Notice of Employment Required . Before employment commences the employer shall provide The Florida Bar with a notice of employment and a detailed description of the intended services to be provided by the employee. ( e d) Prohibited Conduct. (1) Direct Client Contact. No employee Individuals subject to this rule shall not have direct contact with any client. Direct client contact does not include the participation of the employee individual as an observer in any meeting, hearing, or interaction between a supervising attorney and a client. (2) Trust Funds or Property . Individuals subject to this rule shall not receive, disburse, or otherwise handle trust funds or property. (3) Practice of Law . Individuals subject to this rule shall not engage in conduct that constitutes the practice of law and such individuals shall not hold themselves out as being eligible to do so. ( f e ) Quarterly Reports by Employee and Employer Required. The individual subject to this rule ( employee ) and employer shall submit sworn information reports , quarterly based on a calendar year, to The Florida Bar. Such reports shall be filed quarterly, based on the calendar year, and include statements that no aspect of the employee’s work has involved the unlicensed practice of law, that the employee has had no direct client contact, and that the employee did not receive, disburse, or otherwise handle trust funds or property , and that the employee is not being supervised by an attorney who the employee supervised within the 3 years immediately previous to the date of the suspension, disbarment, or disciplinary resignation. *** SUBCHAPTER 3-7. PROCEDURES *** RULE 3-7.5 PROCEDURES BEFORE THE BOARD OF GOVERNORS (a) Review by the Designated Reviewer. Notice of grievance committee action recommending either diversion to a practice and professionalism enhancement program or finding either no probable cause, no probable cause with a letter of advice, minor misconduct, or probable cause shall be given to the designated reviewer for review. Upon review of the grievance committee action, the designated reviewer may request the grievance committee to reconsider its action or may refer the grievance committee action to the board of governors for its review. The designated reviewer may request grievance committee reconsideration or refer the matter to the disciplinary review committee of the board of governors within 30 days of notice of grievance committee action. The request for a grievance committee reconsideration or referral to the disciplinary review committee shall be in writing and shall be submitted to bar counsel. For purposes of this subdivision letters, memoranda, handwritten notes, facsimile documents, and email shall constitute “in writing. ” (1) Requests for Grievance Committee Reconsideration . If the designated reviewer requests grievance committee reconsideration, bar counsel shall forward the request to the chair of the grievance committee and shall give notice to the respondent and complainant that the request has been made. If the grievance committee agrees to reconsider the matter, the rule prescribing procedures before a grievance committee shall apply. (2) Referrals to Disciplinary Review Committee and Board of Governors . If the designated reviewer refers the matter to the disciplinary review committee, bar counsel shall prepare and submit a discipline agenda item for consideration by the committee. Bar counsel shall give notice to respondent and complainant that the designated reviewer has made the referral for review. (3) Nature of Disciplinary Review Committee and Board of Governors Review . The Florida Bar is a party in disciplinary proceedings and has no authority to adjudicate rights in those proceedings. Any such review on referral from a designated reviewer is in the nature of consultation on pending litigation and therefore is not subject to intervention by persons outside the relationship between the bar and its counsel. (4) Effect of Failure to Timely Make the Request for Reconsideration or Referral for Review . If the designated reviewer fails to make the request for reconsideration or referral within the time prescribed, the grievance committee action shall become final. (5) Authority of Designated Reviewer to Make Recommendations . When the designated reviewer makes a request for reconsideration or referral for review, the designated reviewer may recommend: Recommendations of the designated reviewer may include: ( 1 A ) referral of the matter to the grievance mediation program; ( 2 B ) referral of the matter to the fee arbitration program; ( 3 C ) closure of the disciplinary file by diversion to a component of the practice and professionalism enhancement program; ( 4 D ) closure of the disciplinary file by the entry of a finding of no probable cause; ( 5 E ) closure of the disciplinary file by the entry of a finding of no probable cause with a letter of advice; ( 6 F ) a finding of minor misconduct; or ( 7 G ) a finding of probable cause that further disciplinary proceedings are warranted. (b) Review of Grievance Committee Matters. [no change] (c) Board Action on Review of Designated Reviewer Recommendations. [no change] (d) Notice of Board Action. [no change] (e) Finding of No Probable Cause. [no change] (f) Control of Proceedings. [no change] (g) Filing Service on Board of Governors. [no change] RULE 3-7.6 PROCEDURES BEFORE A REFEREE (a) Referees. [no change] (b) Trial by Referee. [no change] (c) Pretrial Conference. [no change] (d) Venue. [no change] (e) Style of Proceedings. [no change] (f) Nature of Proceedings. [no change] (g) Bar Counsel. [no change] (h) Pleadings. [no change] (i) Notice of Final Hearing. [no change] (j) The Respondent. [no change] (k) Complaining Witness. [no change] ( l ) Parol Evidence. [no change] (m) Referee’s Report. [no change] (n) The Record. (1) Recording of Testimony. All hearings at which testimony is presented shall be attended by a court reporter who shall record all testimony. Transcripts of such testimony are not required to be filed in the matter, unless requested by a party, who shall pay the cost of transcription directly, or ordered by the referee, in which case the costs thereof are subject to assessment as elsewhere provided in these rules. (2) Contents. The record shall include all items properly filed in the cause including pleadings, recorded testimony, if transcribed, exhibits in evidence, and the report of the referee. (3) Preparation and Filing. The referee, with the assistance of bar counsel, shall prepare the record, certify that the record is complete, serve a copy of the index of the record on the respondent and The Florida Bar, and file the record with the office of the clerk of the Supreme Court of Florida. (4) Supplementing or Removing Items from the Record . The respondent and The Florida Bar may seek to supplement the record or have items removed from the record by filing a motion with the referee for such purpose, provided such motion is filed within 15 days of the service of the index. Denial of a motion to supplement the record or to remove an item from the record may be reviewed in the same manner as provided for in the rule on appellate review under these rules. ( o ) Plea of Guilty by Respondent. [no change] (p) Cost of Review or Reproduction. [no change] (q) Costs. [no change] *** RULE 3-7.11 GENERAL RULE OF PROCEDURE (a) Time is Directory. [no change] (b) Process. [no change] (c) Notice in Lieu of Process. [no change] (d) Subpoenas. [no change] (e) Oath of Witness. [no change] (f) Contempt. When a disciplinary agency, as defined elsewhere in these rules, finds that a person is in contempt under these rules, such person may be cited for contempt in the following manner: (1) Petition for Contempt and Order to Show Cause. When a person is found in contempt by a disciplinary agency, bar counsel shall file a petition for contempt and order to show cause with the Supreme Court of Florida. (2) Order to Show Cause. On review of a petition for contempt and order to show cause, the supreme court may issue an order directing the person to show cause why such person should not be held in contempt and appropriate sanctions imposed. The order of the supreme court shall fix a time for a response. (3) Failure to Respond to Order to Show Cause. Upon failure to timely respond to an order to show cause, the matters alleged in the petition shall be deemed admitted and the supreme court may enter a judgment of contempt and impose appropriate sanctions. Failure to respond may be an additional basis on which a judgment of contempt may be entered and sanctions imposed. (4) Reply of The Florida Bar. When a timely response to an order to show cause is filed, The Florida Bar shall have 10 days, or such other time as the supreme court may order, from the date of filing in which to file a reply. (5) Supreme Court Action. After expiration of the time to respond to an order to show cause and no response is timely filed, or after the reply of The Florida Bar has been filed, or the time therefore has expired without such filing, the supreme court shall review the matter and issue an appropriate judgment. Such judgment may include any sanction that a court may impose for contempt and, if the person found in contempt is a member of The Florida Bar, may include any disciplinary sanction authorized under these rules. If the supreme court requires factual findings, the supreme court may direct appointment of a referee as elsewhere provided in these rules. Proceedings for contempt referred to a referee shall be processed in the same manner as disciplinary proceedings under these rules, including but not limited to the procedures provided therein for conditional guilty pleas for consent judgments. (6) Preparation and Filing of Report of Referee and Record . The referee shall prepare and file a report and the record in cases brought under this rule. The procedures provided for in the rule on procedure before a referee elsewhere under these rules shall apply to the preparation, filing, and review of the record herein. (7) Appellate Review of Report of Referee. Any party to the contempt proceedings may seek review of the report of referee in the manner provided in the rule on appellate review of disciplinary proceedings under these rules. (g) Testimony of Witnesses; Contempt. [no change] (h) Court Reporters. [no change] (i) Disqualification as Trier and Attorney for Respondent Due to Conflict. [no change] *** RULE 3-7.16 LIMITATION ON TIME TO BRING COMPLAINT (a) Time for Inquiries , and Complaints , and Reopened Cases. Inquiries raised or complaints presented by or to The Florida Bar under these rules shall be commenced within 6 years from the time the matter giving rise to the inquiry or complaint is discovered or, with due diligence, should have been discovered. A reopened disciplinary investigation shall not be barred by this rule if the investigation is reopened within 1 year of the date on which the matter was closed, except that reopened investigations based on deferrals made in accord with bar policy and as authorized elsewhere in these Rules Regulating The Florida Bar shall not be barred if reopened within 1 year of the conclusion of the civil, criminal, or other proceeding on which deferral was based. (b) Exception for Theft or Conviction of a Felony Criminal Offense. There shall be no limit on the time in which to present, reopen, or bring a matter alleging theft or conviction of a felony criminal offense by a member of The Florida Bar. (c) Tolling Based on Fraud, Concealment or Misrepresentation. In matters covered by this rule where it can be shown that fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the matter giving rise to the inquiry or complaint, the limitation of time in which to bring or reopen an inquiry or complaint within this rule shall be tolled. (d) Constitutional Officers. [no change] *** CHAPTER 4 RULES OF PROFESSIONAL CONDUCT SUBCHAPTER 4-1. CLIENT-LAWYER RELATIONSHIP *** RULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES (a) Illegal, Prohibited, or Clearly Excessive Fees and Costs. [no change] (b) Factors to Be Considered in Determining Reasonable Fee and Costs. [no change] (c) Consideration of All Factors. [no change] (d) Enforceability of Fee Contracts. [no change] (e) Duty to Communicate Basis or Rate of Fee or Costs to Client. [no change] (f) Contingent Fees. [no change] (g) Division of Fees Between Lawyers in Different Firms. [no change] (h) Credit Plans. [no change] (i) Arbitration Clauses. A lawyer shall not make an agreement with a potential client prospectively providing for mandatory arbitration of fee disputes without first advising that person in writing that the potential client should consider obtaining independent legal advice as to the advisability of entering into an agreement containing such mandatory arbitration provisions. A lawyer shall not make an agreement containing such mandatory arbitration provisions unless the agreement contains the following language in bold print: NOTICE: This agreement contains provisions requiring arbitration of fee disputes. Before you sign this agreement you should consider consulting with another lawyer about the advisability of making an agreement with mandatory arbitration requirements. Arbitration proceedings are ways to resolve disputes without use of the court system. entering into agreements that require arbitration as the way to resolve fee disputes, you give up (waive) your right to go to court to resolve those disputes by a judge or jury. These are important rights that should not be given up without careful consideration. STATEMENT OF CLIENT’S RIGHTS FOR CONTINGENCY FEES [no change] Comment [no change] *** SUBCHAPTER 4-6. PUBLIC SERVICE *** RULE 4-6.5 VOLUNTARY PRO BONO PLAN (a) Purpose. [no change] (b) Standing Committee on Pro Bono Legal Service. The president-elect of The Florida Bar shall appoint a standing committee on pro bono legal service to the poor. (1) Composition of the Standing Committee. The standing committee shall be composed of: (A) 5 members of the board of governors The Florida Bar, 1 of whom shall be the chair or a member of the access to the legal system committee of the board of governors; (B) 5 past or current directors of The Florida Bar Foundation; (C) 1 trial judge and 1 appellate judge; (D) 2 representatives of civil legal assistance providers; (E) 2 representatives from local and statewide voluntary bar associations; (F) 2 public members, 1 of whom shall be a representative of the poor; (G) the president or designee of the Board of Directors of Florida Legal Services, Inc.; and (H) 1 representative of the out-of-state practitioners’ division of The Florida Bar. (2) Responsibilities of the Standing Committee. [no change] (c) Circuit Pro Bono Committees. [no change] (d) Suggested Pro Bono Service Opportunities. The following are suggested pro bono service opportunities that should be included in each circuit plan: (1) representation of clients through case referral; (2) interviewing of prospective clients; (3) participation in pro se clinics and other clinics in which lawyers provide advice and counsel; (4) acting as co-counsel on cases or matters with legal assistance providers and other pro bono lawyers; (5) providing consultation services to legal assistance providers for case reviews and evaluations; (6) participation in policy advocacy; (7) providing training to the staff of legal assistance providers and other volunteer pro bono attorneys; (8) making presentations to groups of poor persons regarding their rights and obligations under the law; (9) providing legal research; (10) providing guardian ad litem services; (11) providing assistance in the formation and operation of legal entities for groups of poor persons; and (12) serving as a mediator or arbitrator at no fee to the client-eligible party. *** CHAPTER 5 RULES REGULATING TRUST ACCOUNTS SUBCHAPTER 5-1. GENERALLY RULE 5-1.1 TRUST ACCOUNTS (a) Nature of Money or Property Entrusted to Attorney. [no change] (b) Application of Trust Funds or Property to Specific Purpose. [no change] (c) Liens Permitted. [no change] (d) Controversies as to Amount of Fees. [no change] (e) Notice of Receipt of Trust Funds; Delivery; Accounting. [no change] (f) Disputed Ownership of Trust Funds. [no change] (g) Interest on Trust Accounts (IOTA) Program. [no change] (1) Definitions. [no change] (2) Required Participation. [no change] (3) Determination of Nominal or Short-Term Funds. [no change] (4) Notice to Foundation. [no change] (5) Eligible Institution Participation in IOTA. [no change] (6) Small Fund Amounts. [no change] (7) Confidentiality and Disclosure. The Foundation shall protect the confidentiality of information regarding a lawyer’s or law firm’s trust account obtained by virtue of this rule. However, the Foundation shall, upon an official written inquiry of The Florida Bar made in the course of an investigation conducted under these Rules Regulating The Florida Bar, disclose requested relevant information about the location and account numbers of lawyer or law firm trust accounts. (h) Interest on Funds That Are Not Nominal or Short-Term. [no change] (i) Unidentifiable Trust Fund Accumulations and Trust Funds Held for Missing Owners. [no change] (j) Disbursement Against Uncollected Funds. [no change] Comment [no change] *** CHAPTER 6 LEGAL SPECIALIZATION AND EDUCATION PROGRAMS SUBCHAPTER 6-1. GENERALLY *** RULE 6-1.2 PUBLIC NOTICE The Florida Bar may cause a public notice to be promulgated where and when it deems necessary, including, for example, telephone directory yellow pages, in substantially the following form: NOTICE FOR THE GENERAL INFORMATION OF THE PUBLIC ATTORNEYS INDICATING “BOARD CERTIFIED , ” OR “SPECIALIST , ” OR “EXPERT” HAVE BEEN CERTIFIED BY THE FLORIDA BAR AS HAVING SPECIAL KNOWLEDGE, SKILLS, AND PROFICIENCY IN THEIR AREAS OF PRACTICE AND HAVE BEEN EVALUATED BY THE BAR AS TO THEIR CHARACTER, ETHICS, AND REPUTATION FOR PROFESSIONALISM IN THE PRACTICE OF LAW. ALL PERSONS ARE URGED TO MAKE THEIR OWN INDEPENDENT INVESTIGATION AND EVALUATION OF ANY ATTORNEY BEING CONSIDERED. This notice published by The Florida Bar Board of Legal Specialization and Education, Telephone 850/561-5600, 651 East Jefferson Street, Tallahassee, Florida 32399-2300. *** SUBCHAPTER 6-25. STANDARDS FOR CERTIFICATION OF A BOARD CERTIFIED STATE AND FEDERAL GOVERNMENT AND ADMINISTRATIVE PRACTICE LAWYER RULE 6-25.1 GENERALLY A lawyer who is a member in good standing of The Florida Bar and who meets the standards prescribed below may be issued an appropriate certificate identifying the lawyer as a “Board Certified State and Federal Government and Administrative Practice Lawyer.” The purpose of the standards is to identify those lawyers who practice law before or on behalf of state and federal government entities and have the special knowledge, skills, and proficiency, as well as the character, ethics, and reputation for professionalism to be properly identified to the public as certified state and federal government and administrative practice lawyers. RULE 6-25.2 DEFINITIONS (a) State and Federal Government and Administrative Practice. “State and federal government and administrative practice” is the practice of law on behalf of public or private clients on matters including but not limited to rulemaking or adjudication associated with state or federal government entity actions such as contracts, licenses, orders, permits, policies, or rules. State and federal government and administrative practice also includes appearing before or presiding as an administrative law judge, arbitrator, hearing officer, or member of an administrative tribunal or panel over a dispute involving an administrative or government action. (b) Government Entity. “Government entity” means any state agency, political subdivision, special district, or instrumentality of the state of Florida, and any federal agency, bureau, corporation, instrumentality or other government body of the United States, including the United States armed forces. This definition should be broadly construed. (c) Lead Advocate . “Lead advocate” means serving as the primary attorney, whether as a team leader or alone, working on behalf of either a private party or a government entity. Service as a supervisor and signatory of legal documents, but without substantial participation in the preparation of those documents, does not constitute service as a lead advocate. Service in the role of lead advocate also includes presiding as an administrative law judge, arbitrator, hearing officer, or member of an administrative tribunal or panel over a dispute involving an administrative or government action. (d) Practice of Law. The “practice of law” is defined as set forth in rule 6-3.5(c)(1). (e) State and Federal Government and Administrative Practice Certification Committee. The state and federal government and administrative practice certification committee shall include at least 2 attorneys employed by government entities in Florida, at least 1 attorney employed by a federal government entity, and at least 3 attorneys in private practice. While all committee members should have experience in rulemaking and adjudication, the committee should also include at least 2 attorneys whose state and federal government and administrative practice is primarily non-litigation. RULE 6-25.3 MINIMUM STANDARDS (a) Minimum Period of Practice . The applicant must have been engaged in a state or federal government and administrative practice for at least 5 years preceding the date of application. The years of law practice need not be consecutive. (b) Practice Requirements. The practice requirements shall be as follows: (1) Substantial Involvement. The applicant must demonstrate substantial involvement in a state and federal government and administrative practice during 3 of the last 5 years immediately preceding application. Any applicant who meets the practical experience requirements in subdivisions 6-25.3(b)(2)(A)-(I) below is presumed to meet this requirement. (2) Practical Experience. The applicant must demonstrate broad substantial practical experience in state or federal government and administrative practice by providing examples of service as the lead advocate on behalf of a private client or a government entity or instrumentality. Using the point values and limitations assigned below, the applicant’s experience examples from the following actions must total at least 100 points and have been performed within 20 years preceding the filing of the application: (A) administrative hearings, involving disputed issues of material fact [Section 120.57(1), Florida Statutes] and adjudicated through final order pursuant to the Florida Administrative Procedure Act, Chapter 120, Florida Statutes (5 points each); (B) fully-adjudicated administrative actions or rulemaking proceedings pursuant to the Federal Administrative Procedure Act, 5 U.S.C. §§ 551-559, and other federal APA proceedings, including record review proceedings, pursuant to 5 U.S.C. §§ 701-706 (5 points each); (C) any other fully-adjudicated state or federal administrative or civil proceeding before an administrative forum, hearing officer, magistrate, arbitrator, state or federal district, circuit or supreme court, or other forum, in which the applicant represents a party in a lawsuit brought by or against a government entity. Applicants are encouraged to identify cases involving state or federal constitutional or statutory matters, state or federal regulations, ethics, open government, public records, or sovereign immunity. Experience working on matters exclusively involving city, county, and local government law (such as code enforcement, municipal financing and licensing, local referenda, ordinances, and zoning) does not constitute practical experience for purposes of obtaining state and federal government and administrative practice certification (5 points each); (D) rulemaking proceedings through rule adoption pursuant to the Florida Administrative Procedure Act, Chapter 120, Florida Statutes (3 points each); (E) state or federal government or administrative actions as follows: 1. involvement in actions that are considered, pursuant to the Florida Administrative Procedure Act or the Federal Administrative Procedure Act, to provide a point of entry or otherwise create an opportunity for a person to seek to adjudicate legal rights in state or federal courts, or in an administrative forum. Examples may include, but are not limited to, policies, orders, emergency orders, permits, licenses, contracts, or other agency decisions, or intended decisions of state and federal government entities. Examples may not include documents requiring merely clerical completion (2 points each); 2. involvement as lead advocate in an administrative proceeding of the type identified herein, in which a written settlement agreement was negotiated and upon which the proceeding was terminated (2 points each); 3. involvement as lead advocate in an administrative proceeding of the type identified herein, in which a proposed administrative or government action or the challenge to the action was formally withdrawn (2 points each); (F) other actions on behalf of state or federal government agencies, including military adjudicatory or rulemaking proceedings, that are the substantial equivalent of the practical experience categories identified herein, as determined at the sole discretion of the state and federal government and administrative practice certification committee after review of the application (1 to 4 points each). (G) an advisory opinion issued by the Florida Commission on Ethics, Florida or United States Attorney General, or Supreme Court of Florida (1 point each); (H) experience as legislative staff on a bill passed by the Florida Legislature and enacted into law within Chapters 119 (Public Records), 120 (Administrative Procedure Act), 286 (Open Meetings), or 287 (Procurement), Florida Statutes, or as staff for the Florida Legislature’s Joint Administrative Procedures Committee on completed rulemaking initiatives (1 point each); or (I) experience as judicial staff, or staff to an administrative law judge, arbitrator, hearing officer, or other administrative panel on fully-adjudicated cases consistent with this rule (1 point each). The applicant may have a maximum of 40 points from examples within (F) through (I). If the applicant has no points within (A), (B), or (C), the applicant must have points from a minimum of 2 different categories within (D) through (I). The state and federal government and administrative practice certification committee may increase the number of points granted for activities of the type identified in subdivisions (b)(2)(A), (B), or (C), above, for good cause shown, such as an applicant’s involvement as lead advocate in an administrative hearing that lasted more than 6 days. (c) Peer Review. The applicant shall submit the names and addresses of 5 individuals, at least 4 of whom are attorneys and 1 of whom is a federal, state, or administrative law judge before whom the applicant has appeared within the 5 years immediately preceding application. Individuals who currently practice in the applicant’s law firm or government entity may not be used as references. In lieu of a judicial reference, the applicant may provide the name and address of the head of a government entity (or a member of a collegial board that serves as the head of a government entity) if the applicant has advised or appeared before the person within the 5 years immediately preceding application. Administrative law judges or hearing officers applying for certification may offer the reference of an attorney who has appeared before them more than once, or, if appropriate, the reference of the chief administrative law judge or hearing officer. In all cases, at least 2 of the attorney references must be members of The Florida Bar. Individuals serving as references shall be sufficiently familiar with the applicant to attest to the applicant’s special competence and substantial involvement in the field of state and federal government and administrative practice, as well as the applicant’s character, ethics, and reputation for professionalism in the practice of law. The board of legal specialization and education and the state and federal government and administrative practice certification committee may authorize references from persons other than attorneys and may also make such additional inquiries as they deem appropriate to determine the applicant’s qualifications for certification pursuant to this rule and rule 6-3.5(c)(6). (d) Education. The applicant must demonstrate that during the 3-year period immediately preceding the date of application, the applicant has met the continuing legal education requirements in state and federal government and administrative practice. The required number of hours shall be established by the board of legal specialization and education and shall in no event be less than 50 hours for the 3 years immediately preceding the application for certification. Credit for attendance or speaking appearances at continuing legal education seminars shall be given only for programs that are directly related to state and federal government and administrative practice. In addition, the state and federal government and administrative practice certification committee may conclude that the education requirement is satisfied, in part, by 1 or more of the following: (1) lecturing at continuing legal education seminars; (2) authoring or editing articles or books published in professional periodicals or other professional publications; (3) teaching courses directly related to state and federal government and administrative practice at an approved law school or other graduate level program presented by a recognized professional education association; (4) completing such home study programs as may be approved by the board of legal specialization and education or the state and federal government and administrative practice certification committee, subject to the limitation that no more than 50 percent of the required number of hours of education may be satisfied through home study programs; or (5) such other methods as may be approved by the board of legal specialization and education and the state and federal government and administrative practice certification committee. The board of legal specialization and education or the state and federal government and administrative practice certification committee shall establish policies applicable to this rule including but not limited to the method of establishment of the number of hours allocable to any of the above-listed subdivisions. Such policies shall provide the hours that shall be allocable to each separate but substantially different lecture, article, or other activity described in subdivisions (1), (2), (3), and (4) above. (e) Examination. The applicant must pass an examination applied uniformly to all applicants to demonstrate sufficient knowledge, proficiency, and experience in state and federal government and administrative practice to justify the representation of special competence to the legal profession and the public. (f) Exemption. An applicant who has been substantially involved in state and federal government and administrative practice for a minimum of 20 years and who otherwise fulfills the standards set forth in rules 6-3.5(d) and 6-25.3(a)-(d), shall be exempt from the examination. This exemption is only applicable to those applicants who apply within the first 2 application filing periods from the effective date of these standards and who meet all other requirements for certification. RULE 6-25.4 RECERTIFICATION Recertification shall be pursuant to the following standards: (a) Substantial Involvement. A satisfactory showing, as determined by the board of legal specialization and education and the state and federal government and administrative practice certification committee, of continuous and substantial involvement in state and federal government and administrative practice throughout the period since the last date of certification or recertification. Any applicant who meets the practical experience and education requirements in paragraphs (b) and (c) below is presumed to meet this requirement. (b) Practical Experience Requirement. An applicant seeking recertification must demonstrate involvement as the lead advocate on behalf of a private client or a government entity in state and federal government and administrative practice since certification or the last recertification, totaling at least 10 points as described in rule 6-25.3(b)(2)(A)-(I). For good cause shown, subject to approval by the board of legal specialization and education and the state and federal government and administrative practice certification committee, the 10-point requirement above may be waived for applicants who possess other extraordinary legal experience related to state and federal government and administrative practice. Examples of extraordinary experience may include: service as an administrative law judge; agency general counsel or other senior government attorney with supervisory responsibilities; representation of or membership on a committee working on substantial matters of state and federal government and administrative practice; and other appropriate legal experience described by the applicant. (c) Education. The applicant must demonstrate completion of at least 90 hours of continuing legal education since the last application for certification or recertification. The continuing legal education hours must logically be expected to enhance the proficiency of attorneys who are board certified in state and federal government and administrative practice. If the applicant has not attained 90 hours of continuing legal education but has attained more than 60 hours during such period, successful passage of the examination given to new applicants shall satisfy the continuing legal education requirements. However, an applicant seeking recertification may also reduce the educational requirements in this subsection to 60 hours by demonstrating involvement as the lead advocate on behalf of a private client or a government entity in state and federal government and administrative practice since certification or the last recertification, totaling at least 25 points as described in rule 6-25.3(b)(2)(A)-(I). (d) Peer Review. The applicant shall submit the names and addresses of 3 individuals, at least 2 of whom are attorneys and 1 of whom is a federal, state, or administrative law judge before whom the applicant has appeared within the past 5 years preceding the application. Individuals who currently practice in the applicant’s law firm or government entity may not be used as references. In lieu of a judicial reference, the applicant may provide the name and address of the head of a government entity (or a member of a collegial board that serves as the head of a government entity) if the applicant has advised or appeared before the person within the 5 years preceding the application. At least 1 attorney reference must be a member of The Florida Bar. Individuals serving as references shall be sufficiently familiar with the applicant to attest to the applicant’s special competence and substantial involvement in the field of state and federal government and administrative practice, as well as the applicant’s character, ethics, and reputation for professionalism in the practice of law. The board of legal specialization and education and the state and federal government and administrative practice certification committee may authorize references from persons other than attorneys and may also make such additional inquiries as they deem appropriate to determine the applicant’s qualifications for certification pursuant to this rule and rule 6-3.5(c)(6). (e) Waiver of Compliance. Any applicant for recertification who at the time of application is serving and has served full time for 3 or more years as an administrative law judge, arbitrator, hearing officer, or member of an administrative tribunal or panel is deemed to meet the recertification criteria. RULE 6-25.5 MANNER OF LISTING AREA OF CERTIFICATION A member having received a certificate in state and federal government and administrative practice may list the area in the manner set forth under rule 6-3.9(a) or the listing may be abridged to indicate that the member is board certified in (1) state and federal government practice; or, (2) state and federal administrative practice. A member who is certified pursuant to rule 6-25.3(f) and elects to have his or her listing limited to certification in state and federal administrative practice shall have been certified with a minimum of 25 total points from examples in rule 6-25.3(b)(2)(A), (B), and (D). SUBCHAPTER 6-26 STANDARDS FOR CERTIFICATION OF A BOARD CERTIFIED INTELLECTUAL PROPERTY LAWYER RULE 6-26.1 GENERALLY A lawyer who is a member in good standing of The Florida Bar and who meets the standards prescribed below may be issued an appropriate certificate identifying the lawyer as a “Board Certified Intellectual Property Lawyer.” The purpose of the standards is to identify those lawyers who practice intellectual property law and have the special knowledge, skills, and proficiency, as well as the character, ethics, and reputation for professionalism, to be properly identified to the public as certified intellectual property lawyers. RULE 6-26.2 DEFINITIONS (a) Patent Application Prosecution. “Patent application prosecution” covers the practice of law dealing with patent rights, and covers all aspects of the U. S. Patent Statutes, 35 U.S.C. §§ 1-376, as amended; the Rules of Practice in Patent Cases, 37 C.F.R. §§ 1.1 – 1.997, as amended; the American Inventors Protection Act of 1999, United States Patent and Trademark Office (USPTO) rules of practice, the Manual of Patent Examining Procedure (MPEP), the Patent Cooperation Treaty (as modified by any later court decisions or Official Gazette notices); the Assignment, Recording and Rights of Assignee, 37 C.F.R. §§ 3.1 – 3.85, as amended; the Secrecy of Certain Inventions and Licenses to Export and File Application in Foreign Countries, 37 C.F.R. §§ 5.1 – 5.33, as amended; the Register of Government Interests in Patents, 37 C.F.R. § 3.58, as amended; and Representations of Others before the USPTO, 37 C.F.R. §§ 10.1 – 10.170, as amended, as well as representing clients in proceedings before the USPTO. (1) A “patent” is a governmental grant derived from the United States Constitution to encourage innovation and a form of protected personal property under federal statute set forth in title 35 of the United States Code that guarantees the holder of a U.S. patent a right to exclude others from making, using, offering to sell, selling, or importing an invention for a statutory period of years. (2) “Patent matters” consist of the areas of knowledge required of attorneys registered to practice before the USPTO, including: rules, practice, and procedure; understanding how to draft claims and the ability to properly draft claims; knowledge about preparation and prosecution of patent applications based on education in and practical experience in engineering or science; understanding the application of patent laws to that endeavor; preparation of patentability opinions; filing and prosecuting patent applications, interferences, and re-issuances; preparing opinions concerning the validity and/or infringement of patents; prosecuting patent applications at the USPTO and in foreign jurisdictions; and the re-examination of patents. (b) Patent Infringement Litigation. “Patent infringement litigation” covers the practice of law (including substantive law, evidence, and procedure) dealing with the litigation of patents in federal district courts and appeals to the federal circuit of the United States of America, and includes: Service of Process, 37 C.F.R. §§ 15.1 – 15.3; and Testimony of Employees and the Production of Documents in Legal Proceedings, 37 C.F.R. §§ 15.11 – 15.18. Infringement of a patent is a tort giving rise to a federal cause of action for a form of trespass. The grant of a patent by the USPTO carries with it the presumption of validity, including compliance with federal statutes. Invalidity is a defense to a claim for patent infringement and may be based on a number of factors, including: anticipation; obviousness; derivation; failure to disclose “best mode”; estoppel and laches; ineligible subject matter; lack of utility or operability; lack of enabling disclosure; claim indefiniteness; double patenting; inequitable conduct; violation of antitrust law; and non-infringement. (1) “Contested matters” shall be defined as hearings before a tribunal or court that are adversarial, evidentiary, and binding in which the applicant has had a senior-level responsibility, and in which the applicant evaluated, handled, and resolved issues of fact and law in a dispute that involved a patent, either by reaching an adjudicated decision or by achieving a settlement before final adjudication or appeal. (2) An “adjudicated decision” shall mean a decision resulting from a proceeding in which: a tribunal rendered a decision on a motion for preliminary injunction following an evidentiary hearing involving live testimony; a tribunal rendered a decision on a motion for summary judgment; a tribunal rendered a decision on significant issues of patent law following briefing (e.g., a Markman hearing, a Daubert hearing, etc.); or a tribunal or jury rendered a decision following a trial, or the federal circuit court of appeals rendered a decision following an appeal. A single proceeding may generate multiple adjudicated decisions and an applicant shall receive credit for each such qualifying adjudicated decision as a separate contested matter; however, for purposes of certification, the number of adjudicated decisions from any single case shall be limited to 2. (c) Trademark Law. “Trademark law” covers the practice of law dealing with all aspects of the Trademark Act of 1946 (the “Lanham Act”), as amended, 15 U.S.C. §§ 1051-1127, Trademark Counterfeiting Act of 1984, as amended, 18 U.S.C. § 2320, Tariff Act of 1930, as amended, 19 U.S.C. §§ 1337 and 1526, Chapter 495 of the Florida Statutes, as amended (the “Florida Trademark Law”), and common law principles, including: advising clients as to ownership, registration, transfer, validity, dilution, enforceability and infringement of trademarks in the state of Florida, the United States and internationally; representing clients in proceedings before the USPTO and the Florida Department of State; and representing clients in proceedings in federal or state courts, or in arbitration, relating to the ownership, registration, licensing, transfer, validity, dilution, enforcement, and infringement of trademarks. (1) A “trademark” is defined to include trademarks, service marks, certification marks and collective marks. Each of these forms of marks shall have the meaning given in the Florida Trademark Law, Fla. Stat. § 495.011(1)-(4). A “trademark” is further defined to include trade dress as that term is used in the Restatement Third, Unfair Competition, Section 16, and domain names as that term is used in the Lanham Act, 15 U.S.C. § 1125(d). (2) “Contested matters” shall be defined as hearings before a tribunal or court that are adversarial, evidentiary, and binding in which the applicant has had senior-level responsibility, and in which the applicant evaluated, handled, and resolved substantial issues of fact and law in a dispute that involved a trademark, either by reaching an adjudicated decision, or by achieving a settlement before final adjudication or appeal. (3) An “adjudicated decision” shall mean a decision resulting from a proceeding in which: a tribunal rendered a decision on a motion for temporary or preliminary injunction following an evidentiary hearing involving live testimony; a tribunal rendered a decision on a motion for summary judgment; a tribunal rendered a decision on significant issues of trademark law following briefing in the USPTO; or a tribunal or jury rendered a decision following a trial. A single proceeding may generate multiple adjudicated decisions and an applicant shall receive credit for each such qualifying adjudicated decision as a separate contested matter; however, for purposes of certification, the number of adjudicated decisions from any single case shall be limited to 2. (4) “Substantive refusal” shall be defined as refusals of trademark applications during ex parte USPTO prosecution under Section 2 of the Lanham Act, 15 U.S.C. ¶ 1052. (d) Copyright Law. “Copyright law” covers the practice of law dealing with the protection of the works of the human intellect (literature, music, art, computer programs, etc.) under the copyright laws of the United States, including: subject matter; ownership; duration; registration; formalities; exclusive rights; transfers and licensing, including the rights and obligations of parties, appropriate terms and conditions in licensing contracts, antitrust and misuse constraints, international licensing considerations; contested matters relating to claims of infringement of copyrights and to disputes regarding the authorship, ownership, licensing, and transfer of copyrighted works, including infringement actions and defenses, remedies, jurisdiction and venue, jury considerations, federal preemption of state law; the Copyright Acts of 1909 and 1976, as amended; recent amendments to copyright law such as the Digital Millennium Copyright Act; and international aspects of copyright, including the Berne convention and other treaties on copyright and related subjects. The primary federal copyright law is contained in Title 17 of the United States Code. Generally, the practices that the copyright law is concerned with involve, but are not limited to, registration, licensing, transfer, and protection of copyrighted works. (1) “Contested matters” shall be defined as hearings before a tribunal or court that were adversarial, evidentiary, and binding in which the applicant had a senior-level responsibility, and in which the applicant evaluated, handled, and resolved substantial issues of act and law in a dispute that involved a copyright, either by reaching an adjudicated decision, or by achieving a settlement before final adjudication or appeal. (2) An “adjudicated decision” shall mean a decision resulting from a proceeding in which: a tribunal rendered a decision on a motion for temporary or preliminary injunction following an evidentiary hearing involving live testimony; a tribunal rendered a decision on a motion for summary judgment; or a tribunal or jury rendered a decision following a trial. A single proceeding may generate multiple adjudicated decisions and an applicant shall receive credit for each such qualifying adjudicated decision as a separate contested matter, however, for purposes of certification, the number of adjudicated decisions from any single case shall be limited to 2. (e) Practice of Law. The “practice of law” shall be defined as set forth in rule 6-3.5(c)(1) and rule 6-26.3(a). (f) Intellectual Property Law Certification Committee. The intellectual property law certification committee shall consist of 9 members, including a minimum of 3 registered patent attorneys with experience in patent application prosecution, 2 members with experience in patent infringement litigation, 2 members with experience in trademark law, and 2 members with experience in copyright law. RULE 6-26.3 MINIMUM STANDARDS (a) Minimum Period of Practice. The applicant shall have been engaged in the practice of law for at least 5 years immediately preceding the date of application. Notwithstanding the definition of “practice of law” in rule 6-3.5(c)(1), practicing “patent application prosecution,” as defined in section 6-26.2(a), before the USPTO as a registered patent attorney or registered patent agent shall be deemed to constitute the practice of law for purposes of the 5-year practice requirement. (b) Substantial Involvement. Substantial involvement means at least 30 percent of the applicant’s practice during the 3 years immediately preceding application has been devoted to matters involving intellectual property law. (c) Experience . During the 5 years immediately preceding application, the applicant must comply with the experience requirements in at least 1 of the following categories: (1) Patent Application Prosecution. The applicant must have handled with senior-level responsibility a minimum of 40 patent matters that involved representation of a client. The quality of the applicant’s work and the nature of the issues involved shall be a factor in determining eligibility for certification. Demonstration of compliance with this requirement shall be made initially through a form of questionnaire approved by the intellectual property law certification committee, but written or oral supplementation (including copies of work product) may be required. For good cause shown, for satisfaction in part of the 40 patent matters that involved representation of a client, verified substantial involvement in patent matters at a government agency may be considered. Verified substantial involvement in other areas of intellectual property law may also be considered to demonstrate overall proficiency. (2) Patent Infringement Litigation. The applicant must have handled with senior-level responsibility a minimum of 5 contested matters in litigation or on appeal in which there was an adjudicated decision. Additionally: applicants shall have devoted a minimum of 800 hours per year to litigation matters generally, at least 300 hours per year of which shall have been devoted to patent infringement litigation; and applicant shall have, within the last 10 years, tried a patent infringement litigation matter to the close of testimony, verdict, or judgment. The applicant shall submit work product samples and a transcript (if available) in each such contested matter. For good cause shown, for satisfaction in part of the minimum requirements, verified substantial involvement in patent infringement litigation at a government agency may be considered. Verified substantial involvement in other areas of intellectual property law may also be considered to demonstrate overall proficiency. (3) Trademark Law. The applicant must have handled with senior-level responsibility either a minimum of 6 contested matters or 25 responses to substantive refusals, or a combination of the 2. Substantive refusals on which the applicant relies shall not have involved merely technical corrections, insignificant matters, or abandonment. The applicant shall submit work product samples and a transcript (if available) in each such contested matter. In addition, applicant must have engaged in at least 300 hours each year in the practice of law in which the applicant has had substantial senior-level participation in legal matters involving trademark law. Three contested matters involving in the aggregate no less than 50 hours of in-session hearing or trial shall satisfy the requirement of 6 contested matters. For good cause shown, for satisfaction in whole or in part of the requirement of 6 contested matters or 25 responses to substantive refusals, verified substantial involvement in a combination of contested matters and responses to substantive refusals shall be considered. For good cause shown, for satisfaction in part of the minimum requirements, verified substantial involvement in trademark matters at a government agency may be considered in lieu of representation of clients. Verified substantial involvement in other areas of intellectual property law may also be considered to demonstrate overall proficiency. (4) Copyright Law. The applicant must have handled with senior-level responsibility a minimum of 40 substantive matters that involved representation of a client, with a minimum of 300 hours per year devoted to such matters. The ministerial preparation of a copyright registration is not considered a substantive matter for purposes of certification. The applicant shall submit work product samples and, if the applicant also relies upon participation in contested matters, the applicant shall submit transcripts (if available) in each such contested matter. For good cause shown, for satisfaction in part of the minimum requirements, verified substantial involvement in copyright matters at a government agency may be considered in lieu of representation of clients. Verified substantial involvement in other areas of intellectual property law may also be considered to demonstrate overall proficiency. (d) Peer Review. The applicant shall select and submit the names and addresses of at least 6 lawyers or judges, who neither are relatives nor current associates, partners, or who otherwise practice law in an of counsel relationship with the applicant, to serve as references. Such references will be contacted and requested to attest to the applicant’s special competence and substantial involvement in intellectual property law, as well as to the applicant’s character, ethics, and reputation for professionalism. Individuals submitted as references shall be substantially involved in intellectual property law and shall be familiar with the applicant’s practice. In addition, other attorneys, judges, employees at government agencies, or other persons likely to be familiar with the applicant may be contacted as deemed necessary by the intellectual property certification committee and the board of legal specialization and education. (e) Education. The applicant must demonstrate that during the 3-year period immediately preceding the filing of an application, the applicant has met the continuing legal education requirements necessary for intellectual property law certification. The required number of hours shall be established by the board of legal specialization and education and shall in no event be less than 45 hours. Accreditation of educational hours shall be subject to policies established by the intellectual property law certification committee or the board of legal specialization and education and may be satisfied by participation in 1 or more of the following activities: (1) attendance at continuing legal education seminars for which intellectual property certification credit has been approved; (2) teaching a course in intellectual property law; (3) participation as a panelist or speaker in a symposium or similar program on intellectual property law; (4) authorship of a book, chapter, or article on intellectual property law, published in a professional publication or journal; (5) completing such home study programs as may be approved by the board of legal specialization and education or the intellectual property law certification committee, subject to the limitation that no more than 50 percent of the required number of hours of education may be satisfied through home study programs; and, (6) such other methods as may be approved by the board of legal specialization and education and the intellectual property law certification committee. (f) Examination. The applicant must pass an examination applied uniformly to all applicants to demonstrate sufficient knowledge, proficiency, and experience in intellectual property law sufficient to justify certification of special competence to the legal profession and the public. The examination will be comprehensive in scope and each applicant will be required to demonstrate at least some knowledge in each specific subject tested. Applicants, however, will be given the opportunity to emphasize special knowledge in 1 or more specific subject areas. An applicant who is a registered patent attorney in good standing with the USPTO shall not be required to take an examination on topics defined in rule 6-26.2(a). (g) Exemption . An applicant may qualify for an exemption from the examination, or a portion thereof, as follows: (1) An applicant currently certified by The Florida Bar in civil trial or business litigation shall be exempted from the portion of the examination on the litigation process, but must demonstrate knowledge of substantive law pertaining to intellectual property. (2) An applicant who has been substantially involved in intellectual property law for a minimum of 20 years, in accordance with the standards set forth in rule 6-3.5(d), and who can demonstrate compliance with the experience requirements under rule 6-26.3(c), subdivisions (1), (2), (3), or (4) within a 10-year time frame, shall be exempt from the examination if all other requirements for certification are met. This exemption shall be applicable only to those applicants who apply within 2 years of the effective date of the approval of this exemption. RULE 6-26.4 RECERTIFICATION To be eligible for recertification, an applicant must meet the following requirements: (a) Substantial Involvement. The applicant must show continuous and substantial involvement in matters involving intellectual property law throughout the period since the last date of certification or recertification. The demonstration of substantial involvement shall be made by showing that intellectual property law comprises at least 30 percent of the applicant’s practice. (b) Experience . During the 5 years immediately preceding application, the applicant must comply with the experience requirements in at least 1 of the following categories: (1) Patent Application Prosecution. The applicant must have handled with senior-level responsibility a minimum of 30 patent matters that involved representation of a client. For good cause shown, for satisfaction in part of the 30 patent matters, the applicant may provide verified substantial involvement in patent matters at a government agency in lieu of representation of clients. Verified substantial involvement in other areas of intellectual property law may also be considered to demonstrate overall proficiency. (2) Patent Infringement Litigation. The applicant must have handled with senior-level responsibility a minimum of 5 contested matters in litigation or on appeal in which there was an adjudicated decision. The applicant may substitute completion of an approved, multi-day, intensive advocacy-training course where the applicant performed and was satisfactorily critiqued by recognized experts for 2 of the 5 contested matters. For good cause shown, for satisfaction in part of the 5 contested matters, the applicant may serve as a judge or an arbitrator in a contested matter involving an adjudicated decision concerning a patent, or may serve as an advocacy instructor in an intellectual property law continuing legal education program in lieu of senior-level responsibility as an advocate for a party. Verified substantial involvement in other areas of intellectual property law may also be considered to demonstrate overall proficiency. (3) Trademark Law. The applicant must have handled either a minimum of 4 contested matters or 15 responses to substantive refusals of the application. In addition, an applicant must have engaged in at least 300 hours each year in the practice of law in which the applicant had substantial and direct senior-level participation in legal matters involving trademark law. Two contested matters involving in the aggregate no less than 2 days of in-session hearing or trial shall satisfy the requirement of 4 contested matters. For good cause shown, for satisfaction in whole or in part of the requirements, verified substantial involvement in a combination of contested matters and responses to substantive refusals resulting in allowance in satisfaction of the minimum number of matters shall be considered. The applicant may serve as a judge or an arbitrator in a contested matter involving an adjudicated decision concerning a trademark, or may serve as an advocacy instructor in an intellectual property continuing legal education program, in lieu of senior-level responsibility as an advocate for a party. Verified substantial involvement in other areas of intellectual property law may also be considered to demonstrate overall proficiency. (4) Copyright Law. The applicant must have handled with senior-level responsibility a minimum of 30 matters that involved representation of a client. For good cause shown, for satisfaction in whole or in part of the requirement, the applicant may serve as a judge or an arbitrator in a contested matter involving an adjudicated decision concerning a copyright, or may serve as an advocacy instructor in an intellectual property law continuing legal education program in lieu of senior-level responsibility as an advocate for a party. Verified substantial involvement in other areas of intellectual property law may also be considered to demonstrate overall proficiency. (d) Peer Review. The applicant must submit the names and addresses of at least 3 lawyers or judges, who neither are relatives nor current associates, partners, or who otherwise practice law in an of counsel relationship with the applicant, to serve as references. Such references will be contacted and requested to attest to the applicant’s special competence and substantial involvement in intellectual property law, as well as to the applicant’s character, ethics, and reputation for professionalism in the practice of law. Individuals submitted as references shall be substantially involved in intellectual property law and shall be familiar with the applicant’s practice. In addition, other attorneys, judges, employees at government agencies, or other persons likely to be familiar with the applicant may be contacted as deemed necessary by the intellectual property certification committee and the board of legal specialization and education. (e) Education. The applicant must have completed at least 50 hours of approved continuing legal education in intellectual property law, in accordance with the standards set forth in rule 6-26.3(e) since the filing of the last application for certification. *** CHAPTER 10 RULES GOVERNING THE INVESTIGATION AND PROSECUTION OF THE UNLICENSED PRACTICE OF LAW *** SUBCHAPTER 10-2. DEFINITIONS RULE 10-2.1 GENERALLY Whenever used in these rules the following words or terms shall have the meaning herein set forth unless the use thereof shall clearly indicate a different meaning: (a) Unlicensed Practice of Law. [no change] (1) [no change] (2) It shall constitute the unlicensed practice of law for a person who does not meet the definition of paralegal or legal assistant as set forth elsewhere in these rules to offer or provide legal services directly to the public or for a person who does not meet the definition of paralegal or legal assistant as set forth elsewhere in these rules to use the title paralegal, legal assistant, or other similar term in offering to provide or in providing legal services or legal forms preparation services directly to the public. (3) [no change] (b) Paralegal or Legal Assistant. [no change] (c) Nonlawyer or Nonattorney. [no change] (d) This Court or the Court. [no change] (e) Bar Counsel. [no change] (f) Respondent. [no change] (g) Referee. [no change] (h) Standing Committee. [no change] (i) Circuit Committee. [no change] (j) UPL Counsel. [no change] (k) UPL. [no change] ( l ) The Board or Board of Governors. [no change] (m) Designated Reviewer. [no change] (n) Executive Committee. [no change] *** SUBCHAPTER 10-3 STANDING COMMITTEE RULE 10-3.1 GENERALLY (a) Appointment and Terms. The standing committee shall be appointed by the court on advice of the board of governors of The Florida Bar and shall consist of 37 members, 18 of whom shall be nonlawyers. The board of governors is delegated the authority to appoint a chair and at least 1 vice-chair of the standing committee, both of whom may be nonlawyers. One-third of the members of the standing committee shall constitute a quorum. All appointments to the standing committee shall be for a term of 3 years. No member shall be appointed to more than 2 full consecutive terms. The members of the standing committee shall not be subject to removal by the court during their terms of office except for cause. Cause shall include unexcused failures to attend scheduled meetings, the number of which shall be set forth by the standing committee in an attendance policy. (b) Recusal. No member of the standing committee shall perform any standing committee function when that member: (1) is related by blood or marriage to the complainant or respondent; (2) has a financial, business, property, or personal interest in the matter under consideration or with the complainant or respondent; (3) has a personal interest that could be affected by the outcome of the proceedings or that could affect the outcome; or (4) is prejudiced or biased toward either the complainant or the respondent. Upon notice of any of the above prohibitions the affected members should recuse themselves from further proceedings. The standing committee chair shall have the power to disqualify any member from any proceeding in which any of the above prohibitions exists and is stated of record or in writing in the file by the chair. *** SUBCHAPTER 10-4. CIRCUIT COMMITTEES RULE 10-4.1 GENERALLY (a) Appointment and Terms. [no change] (b) Committee Chair. [no change] (c) Quorum. [no change] (d) Panels. [no change] (e) Duties. [no change] (f) Circuit Committee Meetings. [no change] (g) Recusal. No member of a circuit committee shall perform any circuit committee function when that member: (1) is related by blood or marriage to the complainant or respondent; (2) has a financial, business, property, or personal interest in the matter under consideration or with the complainant or respondent; (3) has a personal interest that could be affected by the outcome of the proceedings or that could affect the outcome; or (4) is prejudiced or biased toward either the complainant or the respondent. Upon notice of any of the above prohibitions the affected members should recuse themselves from further proceedings. The circuit committee chair shall have the power to disqualify any member from any proceeding in which any of the above prohibitions exists and is stated of record or in writing in the file by the chair. *** SUBCHAPTER 10-7. PROCEEDINGS BEFORE A REFEREE *** RULE 10-7.2 PROCEEDINGS FOR INDIRECT CRIMINAL CONTEMPT (a) Petitions for Indirect Criminal Contempt. [no change] (b) Indigency of Respondent. Any respondent who is determined to be indigent by the referee shall be entitled to the appointment of counsel. (1) Affidavit. A respondent asserting indigency shall file with the referee a completed affidavit containing the statutory financial information required herein to be submitted to the clerk of court when determining indigent status and stating that the affidavit is signed under oath and under penalty of perjury. The affidavit must contain the following financial information and calculations as to the respondent’s income: (A) Net income. Total salary and wages, minus deductions required by law, including court-ordered support payments. (B) Other income. Including, but not limited to, social security benefits, union funds, veterans’ benefits, workers’ compensation, other regular support from absent family members, public or private employee pensions, unemployment compensation, dividends, interest, rent, trusts, and gifts. (C) Assets. Including, but not limited to, cash, savings accounts, bank accounts, stocks, bonds, certificates of deposit, equity in real estate, and equity in a boat, motor vehicle, or other tangible property. (2) Determination. After reviewing the affidavit and questioning the respondent, the referee shall make one of the following determinations: the respondent is indigent; or the respondent is not indigent. In making this determination, the referee shall consider the applicable statutory criteria used by the clerk of court when determining indigent status and the applicable statutory factors considered by a court when reviewing that determination. A respondent is indigent if: (A) the income of the person is equal to or below 200 percent of the then-current federal poverty guidelines prescribed for the size of the household of the respondent by the United States Department of Health and Human Services or if the person is receiving Temporary Assistance for Needy Families-Cash Assistance, poverty-related veterans’ benefits, or Supplemental Security Income (SSI); or (B) the person is unable to pay for the services of an attorney without substantial hardship to his or her family. (3) Presumption . In proceedings for the determination of indigency the referee shall determine whether any of the following facts exist, and the existence of any such fact shall create a presumption that the respondent is not indigent: (A) the respondent has been released on bail in the amount of $5,000 or more; (B) the respondent owns, or has equity in, any intangible or tangible personal property or real property or the expectancy of an interest in any such property; or (C) the respondent retained private counsel immediately before or after filing the affidavit asserting indigency as required herein. (c) Proceedings Before the Referee. [no change] (d) Review by the Supreme Court of Florida. [no change] (e) Fine or Punishment. [no change] (f) Costs and Restitution. [no change] *** CHAPTER 14 GRIEVANCE MEDIATION AND FEE ARBITRATION *** SUBCHAPTER 14-2. STANDING COMMITTEE RULE 14-2.1 GENERALLY (a) Appointment of Members; Quorum. The board of governors shall appoint a standing committee on grievance mediation and fee arbitration comprised of: (1) 6 lawyers who are supreme court certified mediators certified as mediators under this chapter ; (2) 3 nonlawyers who are supreme court certified mediators certified as mediators under this chapter ; (3) 6 lawyers who are certified as arbitrators under this chapter; and (4) 3 nonlawyers who are certified as arbitrators under this chapter. The board of governors will appoint a chair and vice-chair of the committee from the members listed above. A majority of members of the committee constitutes a quorum. The lawyer members of the committee shall have been members of The Florida Bar for at least 5 years be members of The Florida Bar in good standing. (b) Terms. [no change] (c) Duties. [no change] *** SUBCHAPTER 14-6. NATURE AND ; ENFORCEMENT OF AWARD ; EFFECT OF FAILURE TO PAY RULE 14-6.1 BINDING NATURE ; ENFORCEMENT; AND EFFECT OF FAILURE TO PAY AWARD (a) Binding Determination. The parties to a proceeding under these rules shall be bound by the terms of the arbitration award subject to those rights and procedures to set aside or modify the award provided by chapter 682, Florida Statutes, or by the terms of an agreement reached in mediation. (b) Enforcement of Determination. In addition to any remedy authorized in this chapter, an arbitration award may be enforced as provided in chapter 682, Florida Statutes. (c) Effect of Failure to Pay Award . Failure of a member of the bar to pay an award within 90 days of the date on which the award became final, without just cause for such failure, shall result in the member being delinquent and not authorized to practice law, as provided elsewhere in these rules defining delinquent members. *** CHAPTER 17 AUTHORIZED HOUSE COUNSEL RULE SUBCHAPTER 17-1. GENERALLY *** RULE 17-1.2 DEFINITIONS (a) Authorized House Counsel. An “authorized house counsel” is any person who: (1) is a member in good standing of the entity governing the practice of law of each state (other than Florida), territory, or the District of Columbia in which the member is licensed; (2) is not subject to an outstanding order of reprimand, censure or disbarment, permanent or temporary, for professional misconduct by the bar or courts of any jurisdiction; (3) is not subject to a disciplinary proceeding; (4) has not been permanently denied admission to practice before the bar of any jurisdiction based upon such person’s character or fitness; (5) agrees to abide by the Rules Regulating The Florida Bar (including, without limitation, rules 6-10.1 et seq.) and submit to the jurisdiction of the Supreme Court of Florida for disciplinary purposes; (6) is residing in Florida and exclusively employed by a business organization located in the state of Florida and is residing in Florida or relocating to the state of Florida in furtherance of such employment within 6 months of such application under this chapter and receives or shall receive compensation for activities performed for that business organization; and (7) has complied with rule 17-1.4. (b) Business Organization. [no change] RULE 17-1.3 ACTIVITIES (a) Authorized Activities. [no change] (b) Disclosure. Authorized house counsel, in undertaking legal services permitted pursuant to subdivision 17-1.3(a)(2) or (3), shall disclose their capacity by written or printed communication that shall evidence both the name for the appropriate business organization and the title or function of the authorized house counsel and that they are not licensed to practice in the state of Florida. Such communication shall be transmitted in such manner as reasonably contemplated to create an awareness of the authorized house counsel=s status with respect to the relevant activity. In any communication with individuals/organizations outside of the business organization, authorized house counsel shall disclose that they are not licensed to practice law in the state of Florida. If the communication is in writing, authorized house counsel shall disclose in writing the name of the business organization, their title or function, and that they are not licensed to practice law in the state of Florida. For example, the disclosure may state “J. Doe, XYZ Corporation, Authorized House Counsel, member …..(name of other state bar).…. only or not a member of The Florida Bar.” In performing activities under this subdivision, authorized house counsel shall not represent themselves to be members of The Florida Bar licensed to practice law in this state. (c) Limitation on Representation. [no change] (d) Opinions to Third Parties. [no change] Bar rules proposals to be filed March 15, 2006 Regular Newslast_img read more