M E M O R A N D U M - The Florida Bar



M E M O R A N D U M

To: Candidate for Inactive Status

From: Board of Legal Specialization and Education

Re: Application for “Board Certified Inactive” Status

We are pleased to announce that effective February 1, 2018, the Florida Supreme Court approved Rule 6-3.7, Rules Regulating The Florida Bar for inactive status as to board certification. To apply, complete this application and return it with the required fee of $125.00. Except as provided in Subsection (6) below, only currently board certified members may apply for inactive status. Those eligible to apply for inactive status are:

(1) Judicial Officers. (a) members of the United States Constitution Article III federal judiciary; (b) justices of the Supreme Court of Florida; (c) judges of the district courts of appeal; (d) judges of the circuit and county courts; (e) administrative law judges; (f) magistrates employed through the court system who are prohibited from practicing law; (g) masters employed through the court system who are prohibited from practicing law; or, (h) any other judicial officers, as determined by the BLSE who are prohibited from practicing law.

(2) Law Professors. A board certified member who does not practice law or ceases to practice law for the purpose of teaching law at an accredited law school or a graduate law course. The member must agree not to practice law if granted inactive status.

(3) Professional Neutrals. A board certified member who does not practice law or ceases to practice law for the purpose of being or becoming a mediator, arbitrator, or voluntary trial resolution judge. The member must agree not to practice law if granted inactive status.

(4) Military Personnel. A board certified member who is called to active duty. The member will be exempt from the CLE requirement for recertification applicable to the member’s practice area during the period of active military duty.

(5) Extended Substantial Hardship Cases. A board certified member who is not otherwise eligible under this rule, but is unable to practice law due to a unique substantial and material hardship (medical or otherwise). The BLSE may impose terms and conditions, waive any requirements, or extend the time within which recertification requirements must be met. The BLSE may seek the advice of the relevant area certification committee in determining whether to grant inactive status, what conditions may be imposed, or what waivers should be granted.

(6) Not Currently Certified Members. Any member who is not currently board certified and who voluntarily relinquished board certification before February 1, 2018, but who is otherwise eligible for inactive status, may be granted inactive status on approval by the BLSE, provided the application is filed no later than January 31, 2020.

We appreciate your continued interest and participation in The Florida Bar’s board certification program.

Board of Legal Specialization and Education

|BOARD CERTIFIED INACTIVE STATUS APPLICATION |

Before completing this application you are encouraged to read the complete rules located on The Florida Bar’s website. General information regarding the board certification program is located online at certification. Should you have questions or need assistance with this process, please contact the staff liaison for your practice area. Please retain a copy of this information/application for future reference.

Standards and Policies. Chapter 6, Rule 6-3.7, Rules Regulating The Florida Bar - Inactive Status.

Application Filing. All requirements for inactive status must be met at the time the application is filed. A member must be currently board certified when the application is filed, unless the member voluntarily relinquished board certification prior to February 1, 2018. Completed applications should be returned to the Legal Specialization and Education Department of The Florida Bar, 651 East Jefferson Street, Tallahassee, FL 32399-2300.

Any member who voluntarily relinquished board certification before 2/1/2018, but who is otherwise eligible for inactive status, may apply for inactive status no later than January 31, 2020.

Fees. The inactive status filing fee is $125 and the fee must accompany this application. Please make your payment by check, money order or bank cashier’s check payable to The Florida Bar. If inactive status is granted, a $75 inactive status annual fee must be paid each year. You will receive an invoice for this fee in February of each year. All fees are non-refundable.

Application Processing and Review. Within 14 days of receipt of this application you will receive written confirmation and be assigned a file number. If additional information is required, BLSE staff will communicate with you via the email address you have saved in your Florida Bar member profile.

Professional Ethics and Competence. The standards for certification relating to character, ethics and reputation for professionalism apply when you have been granted inactive status. Should there be any changes in the information you provide on this application during the processing period, you must advise our office in writing.

Continuing Legal Education. Pursuant to Rule 6-3.7(c)(1), a member who is granted board certified inactive status must continue to obtain the same number of CLE hours in the practice area as required for recertification. The hours must be completed in the same date range as for active recertification. The hours must be approved for board certification credit; general hours will not qualify.

Compliance. A member who is granted board certified inactive status must maintain an active membership with The Florida Bar, and continue to meet all requirements of Rule 6-3.7, Rules Regulating The Florida Bar. The member must confirm continued eligibility on an annual basis on the official form provided by the Legal Specialization and Education Department.

Communication. If granted board certified inactive status, the member must use the phrase “board certified inactive” and include the practice area as a means by which to distinguish board certification. If the member applies for reactivation to board certified status and is approved, the member may communicate board certification as otherwise permitted in the Rules Regulating The Florida Bar.

Revocation or Relinquishment of Board Certified Inactive Status. The BLSE can revoke board certified inactive status if the member fails to comply with the BLSE Policies including BLSE Standing Policy 2.15. A board certified inactive status member must notify the BLSE in writing within 90 days if the member no longer qualifies for, or desires to retain inactive status. The member must also immediately apply for reactivation of board certification or relinquished board certification if board certified inactive status is revoked or relinquished.

Reactivation to Board Certified Status and Recertification. If the member desires to return to active board certification status, the member must demonstrate compliance with the CLE requirement for the practice area, be a member in good standing with The Florida Bar who is eligible to practice law in Florida, and otherwise comply with the applicable rules governing board certification. On review that the requirements have been satisfied, board certification will be reactivated. Members who apply for reactivation must pay a fee equal to one-half of the fee required to apply for recertification.

Recertification after Reactivation. On reactivation, the member must apply for recertification by the application filing deadline consistent with the member’s 5-year certification cycle. The requirements for recertification may be prorated by the relevant area certification committee if approved by the BLSE.

Confidentiality. Rule 6-3.12, Rules Regulating The Florida Bar, provides for complete confidentiality in the certification process.

Staff Assistance. Your staff liaison is prepared to assist you with the application process and provide information about the standards. Staff may not advise you as to whether you qualify, or discuss the status of your application. All communication as to the status of your application will be sent to you in writing on behalf of the BLSE.

Board Certified Inactive Status Application Coversheet

Return your completed application for certification with this coversheet to:

The Florida Bar

Legal Specialization and Education Department

651 East Jefferson Street

Tallahassee, FL 32399-2300

|Bar Number: |      |

|Name: |      |

|Area of Certification: |      |

Please read and initial the following statements:

__ I have read all applicable rules, policies, and instructions within this application.

__ I understand only complete applications will be reviewed and incomplete applications will be returned.

__ I understand that the accuracy of the information I provide will be verified and all information is true and complete.

__ I understand my continuing obligation to notify the Board of Legal Specialization and Education of The Florida Bar in writing if there are any changes to any of my responses within the application and if there are any changes to my qualifications for board certified inactive status.

__ I understand, pursuant to BLSE Policy 2.05(c), failure to respond to a request for supplemental information will be considered a withdrawal of my application.

__ I have enclosed my application fee of $125. My check is made payable to The Florida Bar.

|Signature: | |Date: | |

Item: 8550115

|APPLICATION FOR BOARD CERTIFIED INACTIVE STATUS |

|Please check one: |

| Admiralty & Maritime Law | Health Law |

|Adoption Law |Juvenile Law |

|Antitrust & Trade Regulation Law |Intellectual Property Law |

|Appellate Practice |International Law |

|Aviation Law |International Litigation & Arbitration |

|Business Litigation Law |Immigration & Nationality Law |

|City, County & Local Government Law |Labor & Employment Law |

|Civil Trial Law |Marital & Family Law |

|Condominium & Planned Development Law |Real Estate Law |

|Construction Law |State & Federal Gov’t & Administrative Practice |

|Criminal – Appellate Law |Tax Law |

|Criminal – Trial Law |Wills, Trusts & Estates Law |

|Education Law |Workers’ Compensation Law |

|Elder Law | |

TYPE OR PRINT NEATLY

|Bar Membership Name |Florida Bar Number |

|      |      |

A.

|Current Firm or Employer |Start Date: |

|      |      |

|Address |Room or Suite |

|      |      |

|City |State |Zip Code |Telephone |

|      |      |      |      |

|E-mail Address* |

|      |

( Please note: It is our policy to use your official Bar membership email address for written communication concerning your application for board certified inactive status and to mark our correspondence “Personal and Confidential.” If you would prefer we use a different email address, you will need to temporarily make that change by completing a Membership Records Change of Address Form at . You may also contact our Membership Records Department at (850) 561-5832.

B. Record of Admission to Law Practice

1. Is your membership in The Florida Bar in good standing? Yes No

2. Please indicate the date of your certification/recertification.      

C. Record of Professional Ethics and Competence – Please initial the appropriate responses and attach copies of all pertinent documentation. Please provide information relevant to your Florida Bar membership and any other State Bar which you are or have been a member since the last date of certification or recertification.

Once your application has been submitted, please understand you have a continuing obligation to notify the Legal Specialization and Education Department of The Florida Bar should there be any changes in your responses to the items below, or to any other portion of your application.

Please initial your responses for items 1-7

1. List all instances of discipline in which a disciplinary sanction was imposed. Attach documentation that includes: (1) title of the disciplinary action; (2) agency identification number; (3) nature of charge; (4) nature of sanction; (5) date sanction was imposed; and (6) date sanction was terminated.

Not Applicable See Attached

2. If you have been requested to respond to an inquiry/complaint as to alleged misconduct, and the matter remains pending at this time, please attach documentation that includes: (1) title of the inquiry/complaint; (2) agency identification or case number; (3) nature of inquiry/complaint; and (4) a copy of the inquiry/complaint.

Not Applicable See Attached

3. Explain any malpractice claims filed against you (or your firm) for which you were personally responsible which resulted in a lawsuit filed, settlement paid or appointment of an attorney by the malpractice carrier to defend you (or your firm). Please attach a copy of the complaint, your response, and a detailed explanation of your direct involvement. Please also attach a copy of the final order if available or the current status of the matter if still pending.

Not Applicable See Attached

4. List and explain all cases in which your competence or conduct was raised as a basis for relief requested by opposing counsel or by the court including but not limited to a new trial, new appeal, dismissal or reversal.

Not Applicable See Attached

5. List and explain all cases in which your conduct was adversely commented upon in writing by a judge or determined to be error whether harmless or not.

Not Applicable See Attached

6. List all contempt proceedings brought against you as counsel. Include: (1) style of the proceedings; (2) nature of the charge; (3) nature of the sanction; (4) date sanction was imposed.

Not Applicable See Attached

7. List and explain all instances, post-conviction or currently pending, in which criminal charges, involving dishonesty or any felony, were filed against you. (This requirement does not include traffic infractions except DUI, which is included.) Include the case number, alleged violation(s), and disposition or current status.

Not Applicable See Attached

D. Qualifications – Please INITIAL the appropriate spaces below.

1)

I am eligible to apply for board certified inactive status for one of the reasons indicated below and as described in Rule 6-3.7, Rules Regulating The Florida Bar:

1) I am a Judicial Officer and I am prohibited from practicing law.

2) I am a Law Professor and I agree that I will not practice law.

3) I am a Professional Neutral and I agree that I will not practice law.

4) I am active duty Military Personnel.

5) I have an Extended Substantial Hardship, I am unable to practice law, and I have attached a supporting statement to this application describing such unique substantial and material hardship.

6) I am not currently board certified and voluntarily relinquished my certification before February 1, 2018 and I also qualify under one of the requirements listed above in 1-5.

E. Please INITIAL below to acknowledge your understanding and agreement:

I am an active member of The Florida Bar.

I am currently board certified or I am not currently board certified, however I voluntarily relinquished my board certification on _____________________________ (date).

I am aware of my continuing obligation to demonstrate integrity and professionalism and will promptly report to the BLSE any disciplinary complaints or malpractice actions filed against me.

I agree to other comply with the applicable rules and policies governing board certified inactive status.

I acknowledge I must report the required board certification continuing legal education credits in my practice area at the end of each 5-year certification period, unless otherwise exempt under these policies.

I have included with this application a summary which describes my current and prospective career activities, or reasons for my qualification for board certified inactive status.

I will file the annual audit and pay the annual fee.

I agree to otherwise comply with the applicable rules and policies governing board certified inactive status.

F. Summary. Please attach a summary of your current and prospective career activities, or the reasons why you qualify for board certified inactive status. If you are applying for inactive status due to an extended substantial hardship, please state the reasons with particularity and attach any relevant documentation.

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

G. Application Fee. Please remember to attach your $125 filing fee to this application.

H. Release. By this application, I release from any and all liability and extend absolute immunity to The Florida Bar, and all persons, committees and institutions in any way involved in this certification process including references and informants.

Applicant's Initials: _______

I specifically authorize the Committee and/or Board to consult with any persons who may have information relating to my professional qualifications, credentials or character, mental or emotional stability, ethics, behavior or any other matter reasonably bearing on the criteria for board certified inactive status. This authorization includes inspecting and obtaining any writing that may be material to my certification. I hereby authorize the release of any information and writing, whether privileged or not, requested by the Committee and/or Board. I understand that all information received and made part of my file shall be treated confidentially.

Applicant's Initials: ________

I FURTHER UNDERSTAND THAT BOARD CERTIFIED INACTIVE STATUS, IF OBTAINED, MAY BE AUTOMATICALLY REVOKED PURSUANT TO THE BLSE POLICIES OR THE RULES REGULATING THE FLORIDA BAR.

Applicant’s Initials: _______

By executing this release, I acknowledge that I am specifically authorizing the Lawyer Regulation Department of The Florida Bar or any other state of which I am or was a member to provide to the Committee and/or Board any and all information concerning disciplinary complaints filed against me, even if confidential. Such release is intended to be applicable to the extent authorized by the Supreme Court of Florida.

Applicant's Initials: _______

I, being duly sworn, have carefully read this application in its entirety and certify the information herein is true or true to the best of my knowledge and belief. I fully understand failure to make a truthful disclosure of any fact or item of information required may result in the denial of my application, revocation of my Inactive Status if granted, or disciplinary action by The Florida Bar.

|STATE OF | ) | |

| | |Signature of Applicant |

|COUNTY OF | ) | |

The foregoing instrument was sworn to and subscribed before me this day of , 20 , by _____________, who personally appeared before me at the time of notarization, and who is personally known to me or who has produced as identification and who did take an oath.

|NOTARY PUBLIC: |Sign: | |

My commission expires:

-----------------------

| |The Florida Bar | |

| |651 East Jefferson Street | |

|Joshua E. Doyle |Tallahassee, FL 32399-2300 |850/561-5600 |

|Executive Director | |WWW. |

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