Introduction

In a rulemaking opinion issued on August 28, 2025, the Supreme Court of Florida amended several provisions in Chapter 1 of the Rules Regulating The Florida Bar. The amendments recalibrate how delinquency is defined and enforced (rule 1-3.6), enhance oversight of non-Florida lawyers appearing in Florida courts and arbitral forums (rules 1-3.10 and 1-3.11), and significantly overhaul new-member fee practices by eliminating prorated dues and instituting a standardized initial fee regime (rule 1-7.3).

The Florida Bar initiated the petition after publishing notice under rule 1-12.1(g); no public comments were filed. The Court adopted the Bar’s proposals for rules 1-3.6, 1-3.10, and 1-3.11 with a minor textual adjustment to 1-3.6, and accepted the concept of changes to 1-7.3 but with substantial modifications crafted by the Court itself.

Effective October 27, 2025 at 12:01 a.m., these amendments introduce:

• A clarified and reorganized delinquency rule identifying specific triggers and consequences.
• New reporting obligations for non-Florida lawyers who appear pro hac vice in Florida courts, and parallel fee and reporting obligations for non-Florida lawyers appearing in Florida arbitrations (excluding international arbitrations).
• A new, non-prorated initial membership fee structure for newly admitted lawyers, including a targeted fee exemption window for April 1–June 30 admissions.

Summary of the Judgment

The Court amended four rules in Chapter 1:

• Rule 1-3.6 (Delinquent Members): The rule now expressly provides that a member is delinquent for failing to timely pay membership fees and all other assessed fees and costs, among several specific compliance failures (CLE/basic skills, discipline costs, restitution, diversion fees, fee arbitration awards, and the trust account certificate). The rule is restructured into two subdivisions: (a) actions that make a member “delinquent” and (b) the effect of delinquency (loss of good standing and prohibition on practicing law in Florida).
• Rule 1-3.10 (Pro hac vice in Florida courts): A new subdivision (e) requires non-Florida lawyers admitted pro hac vice to report to The Florida Bar within 30 days of withdrawing or the proceeding concluding, and to submit annual status reports on a Bar-approved form by a Bar-approved date.
• Rule 1-3.11 (Non-Florida lawyers in Florida arbitrations): Two new subdivisions are added. Subdivision (f) imposes an initial nonrefundable application fee and an annual nonrefundable renewal fee for lawyers appearing in arbitrations in Florida (excluding international arbitrations). Subdivision (g) requires within-30-day termination reporting and annual status reporting, mirroring rule 1-3.10’s structure. International arbitrations remain exempt from fee and annual reporting requirements. The Court notes minor grammatical edits to conform with its Guidelines for Rules Submissions.
• Rule 1-7.3 (Membership Fees): The former proration regime is deleted. A new subdivision (b) provides:
  • (b)(1) New members admitted April 1–June 30 are exempt from fees for the membership period then in progress; they will pay for the next period in the ordinary cycle.
  • (b)(2) All other new members must pay $265 within 60 days of admission to cover the membership period beginning the most recent July 1.

The Court emphasizes that a motion for rehearing will not alter the effective date of these amendments.

Analysis

Key Changes at a Glance

• Delinquency triggers explicitly include failure to pay “all other assessed fees and costs,” not just annual dues.
• Pro hac vice and arbitration appearances now carry ongoing oversight through annual reporting; arbitration appearances also carry an annual renewal fee (except for international arbitrations).
• New-member fees move from a proration model to a standardized approach: a flat $265 initial fee for most, and a fee holiday for April–June admissions.
• Administrative detail: The Florida Bar must give the Court 30 days’ notice before any increase in nonrefundable fees or imposition of a new fee under rule 1-3.11(f).

Precedents and Authorities Cited

This is an original rules proceeding, not an adversarial appeal. The Court grounds its jurisdiction in Article V, section 15 of the Florida Constitution, which vests it with exclusive authority over admission and discipline of lawyers. The procedural predicate for the Bar’s petition is noted through rule 1-12.1(g) (publication of notice and solicitation of comments), and the Court references its internal Guidelines for Rules Submissions for stylistic edits. No judicial case law precedents are cited, underscoring that the opinion is an exercise of the Court’s constitutional rulemaking power rather than adjudication of disputed doctrine.

Legal Reasoning and Structure

1. Clarity and enforceability in delinquency (rule 1-3.6):

   The Court reorganizes the rule to separate (a) the specific actions that will render a member “delinquent” from (b) the effect of delinquency. The subdivision title change—from “Types of Delinquency” to “Actions that Result in a Member Being Deemed Delinquent”—is a textual precision move, aligning the title with operative triggers. Substantively, the explicit inclusion of “all other assessed fees and costs” alongside annual membership fees tightens compliance: members are now unmistakably on notice that unpaid diversion costs, disciplinary costs, and similar assessments carry the same delinquency consequences as unpaid dues.

2. Data integrity and cost recovery for non-Florida lawyers (rules 1-3.10 and 1-3.11):

   The Court adds reporting requirements for lawyers admitted pro hac vice and for non-Florida lawyers appearing in arbitration to address two operational needs: (i) the Bar’s ability to maintain current, accurate records of out-of-state lawyer participation in Florida proceedings, and (ii) the Bar’s ability to collect and administer nonrefundable fees. The annual reporting duty institutionalizes oversight that does not depend solely on the life cycle of a specific case, complementing the “general practice” presumption in rule 1-3.11(d) (more than three filings within 365 days).

   For arbitration appearances, new subdivision (f) adopts a two-tier fee structure (initial and annual renewal) and places fee-amount setting authority with the Bar’s executive director, subject to approval by the board of governors and 30-day notice to the Supreme Court before changes take effect. This hybrid approach allows administrative flexibility while preserving judicial oversight.

3. Simplification and predictability in new-member fees (rule 1-7.3):

   The Court abandons operationally complex proration and replaces it with a uniform rule. Most new members pay a flat $265 within 60 days of admission to cover the membership year that began July 1. Those admitted in the final quarter (April 1–June 30) are exempt for the remainder of that period and enter the standard annual billing cycle thereafter. This structure promotes administrative efficiency, predictability, and fairness for late-in-cycle admissions while avoiding small, prorated amounts and catch-up billing.

Textual Nuances and Potential Ambiguity

The opinion’s narrative states that “existing language addressing payment of fees is deleted from subdivision (e)(6)” of rule 1-3.11. However, the Appendix’s rule text retains a sentence in 1-3.11(e)(6) requiring a “nonrefundable $250.00 filing fee.” New subdivision 1-3.11(f), by contrast, provides that the “initial nonrefundable application fee” and “annual nonrefundable renewal fee” are to be set by the Bar’s executive director (with board approval and notice to the Court).

Practically:

• The Appendix is the controlling text of the rules; as published, it preserves a $250 filing fee in (e)(6) and adds an administratively set renewal regime in (f).
• Subdivision (f) also speaks to the “initial” fee being set administratively, which may create tension with the fixed $250 in (e)(6).

Until clarified by any subsequent technical correction, practitioners should:

• Assume the $250 filing fee continues to apply at the time of filing the verified statement under 1-3.11(e)(6),
• And expect an annual renewal fee under 1-3.11(f) in any year the lawyer continues to appear in a Florida arbitration (excluding international arbitrations).
• Monitor Bar communications for any administrative adjustment to the initial fee under 1-3.11(f) and for the 30-day notice the Bar must provide the Court before fee changes take effect.

Anticipated Impact

On Florida Bar Members

• Heightened delinquency enforcement: By explicitly including “all other assessed fees and costs” as delinquency triggers, the rule elevates the stakes for timely payment of disciplinary costs, diversion fees, fee-arbitration awards, and similar assessments. The consequences—loss of good standing and prohibition on practicing—are now framed against a clearer list of triggers.
• Administrative predictability: The elimination of proration simplifies onboarding, billing, and budgeting for new members and the Bar alike.

On Non-Florida Lawyers

• Pro hac vice oversight: Annual reporting and a 30-day termination report will give the Bar current data to ensure compliance with fee obligations and to monitor the “general practice” line in arbitrations.
• Arbitration appearances: The new initial and annual fees, plus reporting obligations, align arbitration appearances more closely with court appearances for oversight purposes. International arbitration remains a carve-out: no fee and no annual reporting.

On Courts, Arbitrators, and Clients

• Integrity of representation: Regular reporting should reduce instances of untracked continued involvement by out-of-state lawyers and facilitate early intervention where unauthorized general practice is suspected.
• Cost transparency: The nonrefundable fee scheme and annual renewal expectations offer clearer cost signals to clients and non-Florida counsel considering Florida matters.

On Bar Governance

• Budgeting and compliance: A flat initial fee and removal of proration reduce administrative complexity, while oversight of fee changes through 30-day Court notice preserves institutional checks.
• Rule uniformity and drafting clarity: Renaming and restructuring (e.g., 1-3.6) conform with drafting guidelines and make enforcement more straightforward.

Complex Concepts Simplified

• Delinquent member: A Florida lawyer who, due to specified noncompliance (e.g., unpaid fees or costs, CLE/basics noncompliance, unpaid diversion or discipline-related obligations, unfiled trust account certificate), is no longer a member in good standing and cannot practice law in Florida until reinstated.
• Pro hac vice: A Latin term meaning “for this occasion.” It allows an out-of-state lawyer to appear in a Florida case with the court’s permission. The amendments add within-30-day termination reporting and annual status reporting.
• International arbitration: Arbitration with an international element (commonly, parties, seat, or subject matter). Under these rules, international arbitrations remain exempt from the fee and annual reporting obligations imposed on other arbitrations.
• Nonrefundable fee / annual renewal fee: Fees paid to The Florida Bar that are not returnable, now required initially and annually for arbitration appearances (excluding international) and administered under rule 1-3.11(f).
• Membership period: The Florida Bar operates on a fiscal membership year beginning July 1 and ending June 30. The new-member $265 fee covers the membership year that began on the most recent July 1.
• Diversion and restitution: Alternative discipline tracks (diversion) or monetary orders (restitution) arising from disciplinary matters; failure to pay within specified times now clearly triggers delinquency.
• Trust account certificate: A filing under Chapter 5 confirming compliance with trust accounting rules. Non-filing is a delinquency trigger.

Practical Compliance Guide

Effective Date

October 27, 2025, at 12:01 a.m. A motion for rehearing does not delay effectiveness.

For Florida Bar Members

• Pay annual membership fees on time; ensure payment of “all other assessed fees and costs.”
• Track and meet CLE and basic skills obligations.
• Pay disciplinary and diversion-related costs, fees, and restitution within required timeframes.
• File the Chapter 5 trust account certificate on time.
• If deemed delinquent, cease practicing until reinstated; privileges of good standing are suspended.

For Newly Admitted Members

• Admitted April 1–June 30: No fee due for the remainder of that membership period; enter normal billing for the next period.
• Admitted July 1–March 31: Pay $265 within 60 days to cover the current membership period (which began July 1).
• Observe standard deadlines for the next full year’s dues as outlined in rule 1-7.3(a), (c), (d), and (f).

For Non-Florida Lawyers Appearing in Florida

• Court appearances (pro hac vice, rule 1-3.10):
  • Report to The Florida Bar within 30 days of withdrawal or case conclusion.
  • Submit annual pro hac vice status reports on the Bar’s approved form by the Bar’s approved date.
  • Timely pay all required nonrefundable fees under rule 1-3.10(d) and any administrative requirements.
• Arbitrations (rule 1-3.11):
  • File a verified statement and, as reflected in the Appendix, include the nonrefundable $250 filing fee in 1-3.11(e)(6) (subject to any future administrative update).
  • Pay the initial nonrefundable application fee and annual nonrefundable renewal fee under 1-3.11(f) (excluding international arbitrations).
  • Report within 30 days after withdrawing or after the arbitration concludes, and submit annual status reports (excluding international arbitrations).
  • Beware the “general practice” presumption: more than three arbitration filings in 365 days (other than international) presumes prohibited general practice.

Conclusion

The Florida Supreme Court’s 2025 amendments to Chapter 1 of the Rules Regulating The Florida Bar deliver three central reforms: a clearer, more enforceable delinquency rule; enhanced oversight for out-of-state lawyers through reporting and fee mechanisms; and a streamlined, predictable approach to new-member fees that displaces proration. Together, these changes modernize Bar administration, strengthen regulatory visibility over non-Florida lawyer participation, and reduce procedural friction in onboarding new members.

While the Court’s Appendix governs and provides operative text, practitioners should note the potential tension between 1-3.11(e)(6)’s fixed $250 filing fee and 1-3.11(f)’s delegation of fee setting to Bar administration, and remain attentive to any technical corrections or Bar notices refining these fee mechanics. In all, the opinion underscores the Court’s active stewardship of Florida’s legal profession under Article V, section 15, ensuring that regulatory frameworks keep pace with practice realities in both courts and arbitral fora.