In re Amendments to Rules of the Supreme Court Relating to Admissions to the Bar

54 So. 3d 460, 2010 WL 2606227
CourtSupreme Court of Florida
DecidedFebruary 3, 2011
DocketNo. SC09-2379
StatusPublished

This text of 54 So. 3d 460 (In re Amendments to Rules of the Supreme Court Relating to Admissions to the Bar) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Amendments to Rules of the Supreme Court Relating to Admissions to the Bar, 54 So. 3d 460, 2010 WL 2606227 (Fla. 2011).

Opinion

PER CURIAM.

The Florida Board of Bar Examiners (the Board) petitioned the Court to consider proposed amendments to the Rules of the Supreme Court Relating to Admissions to the Bar.

In an opinion issued on July 1, 2010, the Court adopted the proposed amendments. The Board has filed a motion for rehearing to resolve a minor inconsistency in the rules.1 We grant the Board’s motion.2

The proposed rule amendments would increase several of the fees related to applying for admission to The Florida Bar [461]*461and would offset the rate of inflation from April 1996 (the last time the Board asked the Court to increase fees) to October 2009 and pass on the Board’s extraordinary investigative costs to the specific applicants whose applications are most likely to incur such costs. The fee increases requested here generally reflect the average increase in the rate of inflation from 1996 to 2009, which is an inflation rate of 38.27 percent. The last wholesale fee increases occurred in 1997. See Amendments to the Rules of the Supreme Court Relating to Admissions to the Bar, 695 So.2d 312 (Fla.1997).

Having reviewed the proposed amendments, we are satisfied that the increases requested are necessary to ensure that the Florida Board of Bar Examiners will be able to continue to meet its responsibility to the Court.

Accordingly, we amend the Rules of the Supreme Court Relating to Admissions to the Bar as reflected in the appendix to this opinion. The new language is indicated by underscoring; deletions are indicated by struck-through type. The amendments shall take effect immediately upon release of this opinion.

It is so ordered.

CANADY, C.J., and PARIENTE, LEWIS, QUINCE, POLSTON, LABARGA, and PERRY, JJ., concur.

APPENDIX

1-63.5 Documents Filed by Registrant or Applicant. On written request from registrants or applicants for copies of documents previously filed by them, and copies of any documents or exhibits formally introduced into the record at an investigative or formal hearing before the board, and the transcript of hearings, copies will be provided. Costs of copies are set out below:

(a) The fee for a copy of any document or portion of a document is $25 for the first page and 50 cents for each additional page.

(b) The fee for a copy of the Bar Application or Registrant Bar Application is $3550.

2-23.1 Student Registrant Fee. Except as provided below, every law student filing a Registrant Bar Application with the board must file with the completed Registrant Bar Application the fee of $500400. For any law student who files a Registrant Bar Application by the deadlines established, discounted early registration fees are available as follows:

(a) $75100. For those students who commence the study of law in:

(1) August or September and who file a Registrant Bar Application by the following January 15;

(2) January or February and who file a Registrant Bar Application by the following June 15; or

(3) May or June and who file a Registrant Bar Application by the following October 15.

(b) $360350. For those students who commence the study of law in:

(1) August or September and who file a Registrant Bar Application by the following March 15;

(2) January or February and who file a Registrant Bar Application by the following August 15; or

(3) May or June and who file a Registrant Bar Application by the following December 15.

2-23.2 Student Applicant Fee. Applicants who did not file the Registrant Bar Application with the board as law students and who have not been admitted to the bar in any jurisdiction for a period in excess of 12 months, excluding time spent in military service of the United States, must file [462]*462with the Bar Application the fee of $§751,000.

2-23.3 Supplement to Registrant Bar Application Fee. Applicants who filed the Registrant Bar Application with the board as law students and who have not been admitted to the bar in any jurisdiction for a period in excess of 12 months, excluding time spent in military service of the United States, must file with the Supplement to Registrant Bar Application the applicable fee as follows:

(a) Less than 5 years. If the Supplement to Registrant Bar Application is filed within 5 years of the filing date of the original Registrant Bar Application, the fee is $375600.

(b) More than 5 years. If the Supplement to Registrant Bar Application is filed more than 5 years after the filing of the original Registrant Bar Application, the fee is $8751,000 as set forth in rule 2-23.2, less any fee previously paid.

2-23.4 Attorney Fee. Applicants who have been admitted to the bar in any jurisdiction for a period in excess of 12 months, excluding time spent in military service of the United States, must file with the Bar Application a fee based on the number of years the applicant has been admitted in another jurisdiction as follows:

(a) Less than 5 years. If the applicant has been admitted in another jurisdiction for more than 1 year but less than 5 years, the fee is $13061,600.

(b) 5 or more but less than 10 years. If the applicant has been admitted in another jurisdiction for 5 years or more but less than 10 years, the fee is $16002,000.

(c) 10 or more but less than 15 years. If the applicant has been admitted in another jurisdiction for 10 years or more but less than 15 years, the fee is $20002,400.

(d) 15 or more years. If the applicant has been admitted in another jurisdiction for 15 or more years, the fee is $25063,000.

2-23.6 Disbarred Attorney Fee. Applicants applying for admission after disbarment or resignation pending disciplinary proceedings in Florida or in any other jurisdiction must file with the Bar Application the fee of $5,0606,000.

2-28 Application Fee for Reapplication for Admission Based on Rehabilitation. Applicants or registrants who are reapplying for admission and asserting rehabilitation from prior conduct that resulted in a denial of admission through Findings of Fact and Conclusions of Law or Consent Judgment must file with the application a fee of $18002,200.

2-29 Stale File Fee. An applicant whose Bar Application has been on file for more than 3 years is required to file a new Bar Application on the form available on the board’s website with current references, submission of fingerprints in the format required by the board, any supplemental documents that the board may reasonably require, and the applicable fee.

(a) If within 5 Years. If filed within 5 years of the filing date of the last application filed, a fee of $425525 is applicable.

(b) If more than 5 Years. If filed more than 5 years after the filing date of the last application filed, the full application fee under rule 2-23.2, 2-23.4, or 2-23.6 above is applicable.

2-30.1 Filed with the Board. Any applicant or registrant who is dissatisfied with an administrative decision of the board that does not concern character and fitness matters may petition the board for reconsideration of the decision. Applicants also may petition the board for a suspension or waiver of any bar admission rule or regulation. A petition seeking a suspension or waiver of a rule or seeking

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54 So. 3d 460, 2010 WL 2606227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-amendments-to-rules-of-the-supreme-court-relating-to-admissions-to-fla-2011.