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Amendments to Rules of the Supreme Court of Florida Relating to Admissions to the Bar

Citations: 587 So. 2d 1300; 16 Fla. L. Weekly Supp. 705; 1991 Fla. LEXIS 1780; 1991 WL 215333Docket: No. 78756

Court: Supreme Court of Florida; October 21, 1991; Florida; State Supreme Court

Narrative Opinion Summary

The case concerns amendments to the Florida Board of Bar Examiners' fee structure as reflected in the Supreme Court Rules, necessitated by inadequate prior notice of fee increases. The Court approved a proposed budget for fiscal year 1991-92, which included increased fees for Bar admission applicants. Amendments will be effective November 1, 1991, introducing a new registration fee for law students, with discounts for early registration. The Board will conduct character and fitness investigations for applicants, charging additional fees for further inquiries. Applicants dissatisfied with character and fitness recommendations may petition for reconsideration within 60 days, provided new information is presented. The application process for Bar admission requires timely submissions, with specific forms and fees outlined. Applications pending over three years necessitate reapplication with updated information and fees. Fees for defective applications, postponements, and various examination processes are specified, with non-refundable fees detailed for all applications. The decision underscores the procedural requirements and financial obligations of prospective Bar members in Florida, emphasizing the necessity for compliance with stipulated deadlines and fee structures.

Legal Issues Addressed

Amendments to Supreme Court Rules

Application: The court mandates amendments to the rules to accommodate the approved fee changes due to insufficient prior notice.

Reasoning: Amendments to the Rules are now necessary and will be effective November 1, 1991, due to insufficient prior notice of the fee increases.

Application Fees and Deadlines

Application: Specifies the fee structure and deadlines for various application submissions and postponements.

Reasoning: Applicants who have not been admitted to the Bar in any jurisdiction for over twelve months must include a $325 fee with their initial application, excluding time in military service.

Application Requirements for Bar Admission

Application: Details the application requirements and deadlines for admission to The Florida Bar.

Reasoning: The deadline to file the Application for Admission to The Florida Bar is 180 days post-notification of passing all parts of the Florida Bar Examination.

Character and Fitness Investigations

Application: The Board conducts character and fitness investigations with additional fees for further inquiries.

Reasoning: The Board will conduct character and fitness investigations for registrants, with the possibility of a $100.00 fee for additional inquiries.

Handling of Defective Applications

Application: A fee is imposed for applications submitted in a defective state.

Reasoning: Applications submitted in a defective state will incur a $75 fee.

Petition for Reconsideration of Character and Fitness Decisions

Application: Applicants may petition for reconsideration of character and fitness decisions by providing new information.

Reasoning: Applicants unsatisfied with the Board's character and fitness recommendations can petition for reconsideration within 60 days by paying a $100.00 fee.

Reapplication after Prolonged Pendency

Application: Applicants with pending applications over three years must submit a new application and fee.

Reasoning: The Board will not recommend admission for any applicant whose application has been pending for over three years without a character and fitness reinvestigation.

Registration Fees for Law Students

Application: The case outlines new registration fees for law students with discounts for early registration.

Reasoning: The amendments include a new registration fee for law students increasing from $300.00 to $400.00, with discounted fees available for early registrants: $75.00 if filed within 165 days and $150.00 if filed within 250 days of starting law studies.