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RECENT RELEASES - FLORIDA SUPREME COURT
RULES REGULATING THE FLORIDA BAR--AMENDMENTS--DISCIPLINE. The Court adopted proposed amendments to rules 3-5.2 (Emergency Suspension and Interim Probation), 3-5.4 (Publication of Discipline), 3-7.7 (Procedures Before Supreme Court of Florida), 3-7.18 (Disposition of Inquiries or Complaints Referred to the Bar by Members of the Judiciary), 14-4.1 (Arbitration Proceedings), 20-5.1 (Generally), and Code for Resolving Professionalism Referrals 1.2 (Referrals to The Florida Bar). Some of the more significant amendments include limitations on the applicability of the judicial referral process and making persons "currently on the inactive list due to incapacity" ineligible to become a registered paralegal.
RULES REGULATING THE FLORIDA BAR--AMENDMENTS--MEMBERSHIP. Rules Regulating The Florida Bar 1-3.6 (Delinquent Members), 1-3.10 (Appearance by Non-Florida Lawyer in a Florida Court), 1-3.11 (Appearance by Non-Florida Lawyer in an Arbitration Proceeding in Florida), and 1-7.3 (Membership Fees) were amended by the court. Amended rules include additional reporting requirements and provide that members will be deemed delinquent for failing to timely pay membership fees and other assessed fees and costs. Additionally, non-Florida lawyers permitted to appear in arbitration proceedings in Florida are now required to pay nonrefundable annual fees similar to those required of lawyers permitted to appear under rule 1-3.10. The fee structure for new members was also altered.
PROBATE RULES--FORMS--AMENDMENTS. The Court amended Florida Probate Rule 5.920 (Forms Related to Injunction for Protection Against Exploitation of a Vulnerable Adult) as proposed by Bar's Probate Rules Committee. The "amendments reflect changes to section 825.1035, Florida Statutes, which went into effect on July 1, 2025."
PROBATE RULES--AMENDMENTS--HOMESTEAD PROPERTY. Florida Probate Rule 5.405 (Proceedings to Determine Protected Homestead Status of Real Property) was amended to "require that a petition to determine the protected homestead status of real property owned by decedent or trustee of a trust of a deceased settler state whether the decedent died testate or intestate" and that a "petition to include, if applicable, the method by which the surviving spouse waived homestead rights." References to "of the decedent" when referring to homestead were also removed.
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