Amendments to the Rules Regulating the Florida Bar-Chapter 17

Citations: 746 So. 2d 442; 24 Fla. L. Weekly Supp. 139; 1999 Fla. LEXIS 413Docket: No. 93479

Court: Supreme Court of Florida; March 17, 1999; Florida; State Supreme Court

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The Florida Bar has submitted a petition to amend Chapter 17 of the Rules Regulating The Florida Bar, following the publication of a notice in The Florida Bar News, which garnered no comments or objections. The proposed amendments include:

1. **Amendment to Rule 17-1.2**: 
   - Clarifies the definition of “authorized house counsel,” specifying that such individuals must be exclusively employed by a business organization.
   - Defines “business organization” as any entity authorized to do business in Florida, excluding governmental entities and those engaged in the practice of law or providing legal services for a fee outside the organization.
   - Detailed criteria for “authorized house counsel” status includes being a member in good standing of the bar in other jurisdictions, not being subject to disciplinary actions, having not been denied admission to practice based on character, agreeing to abide by Florida Bar rules, being employed by a qualifying business organization in Florida, and compliance with Rule 17-1.4.

2. **Amendment to Rule 17-1.4**: 
   - Introduces a subdivision for the registration process of authorized house counsel, stating that The Florida Bar will review applications for compliance and outline reasons for potential application returns.
   - Updates the certification process by dictating that only names and addresses of compliant registrants will be submitted to the Court.

The amendments aim to clarify the definitions and processes related to the registration of authorized house counsel in Florida.

RULE 17-1.4 outlines the registration process for individuals seeking certification as authorized house counsel in Florida. Key requirements include:

1. **Filing Requirements**: Applicants must submit:
   - A certificate from their licensing authority confirming good standing and a clear disciplinary record.
   - A sworn statement affirming familiarity with and adherence to The Florida Bar rules, submission to the Supreme Court of Florida's jurisdiction, and authorization for disciplinary notifications.
   - A certificate from a business organization stating it qualifies under specified rules, acknowledges the registrant's lack of Florida licensure, and does not rely on The Florida Bar for employment.
   - A completed registration application as determined by The Florida Bar's executive director.
   - A filing fee not exceeding that for out-of-state attorney bar examination admission.

2. **Review Process**: The Florida Bar will review submissions for compliance. Applications failing to meet requirements will be returned, with grounds for return including incomplete certificates, non-qualifying business organization certificates, and unpaid fees.

3. **Certification by Court**: Upon successful review, The Florida Bar will notify the Supreme Court of Florida of compliant registrants, requesting their certification as authorized house counsel. Certification takes effect upon Supreme Court approval or employment in Florida, but not more than six months after filing.

4. **Annual Registration**: Registration must be renewed annually, mirroring the process for Florida-licensed attorneys, including payment of fees and confirmation that initial registration certificates are current and valid.

Amendment to Rule 17-1.5 introduces new requirements for authorized house counsel regarding termination or withdrawal of registration. Specifically, it mandates that any authorized house counsel disbarred or suspended in another jurisdiction must file a copy of the disciplinary order with The Florida Bar within thirty days. The rule outlines that authorization to perform services ceases under several conditions, including termination of employment, voluntary withdrawal of registration, relocation outside Florida for over 180 days, or disbarment/suspension from law practice. Authorized house counsel must notify The Florida Bar of these events within 30 days. Upon receiving such notice, The Florida Bar will request revocation of authorization from the Supreme Court of Florida, which will notify all relevant parties.

The rule allows previously authorized house counsel to reapply for authorization. It governs attorneys licensed in other jurisdictions who are exclusively employed by Florida businesses, allowing them to engage in specific activities without taking the Florida bar exam. This rule has undergone scrutiny since its initial proposal in 1991, facing opposition from large corporations and the Florida Department of Commerce due to concerns about its impact on corporate operations in Florida. A subsequent proposal in 1994 was adopted, which aimed to clarify existing confusion without introducing significant substantive changes. The proposed amendments were adopted without objections and will take effect upon the filing of the opinion.