Wherever used in these rules the following words or terms have the meaning set forth below unless their use clearly indicates a different meaning.
(a) Bar Counsel. Bar counsel is a member of The Florida Bar representing The Florida Bar in any proceeding under these rules.(b) The Board or the Board of Governors. The board or the board of governors is the board of governors of The Florida Bar.(c) Chief Branch Discipline Counsel. Chief branch discipline counsel is the counsel in charge of a branch office of The Florida Bar. Any counsel employed by The Florida Bar may serve as chief branch discipline counsel at the direction of the regularly assigned chief branch discipline counsel or staff counsel.(d) Complainant or Complaining Witness. A complainant or any complaining witness is any person who has complained of the conduct of any member of The Florida Bar to any officer or agency of The Florida Bar.(e) This Court or the Court. This court or the court is the Supreme Court of Florida.(f) Court of this State. Court of this state is a state court authorized and established by the constitution or laws of the state of Florida.(g) Designated Reviewer. The designated reviewer is a member of the board of governors responsible for review and other specific duties as assigned with respect to a particular grievance committee or matter. The designated reviewer for a special grievance committee will be selected by the president and approved by the board.(h) Diversion to Practice and Professionalism Enhancement Programs. Diversion to practice and professionalism enhancement programs is removal of a disciplinary matter from the disciplinary system and placement of the matter in a skills enhancement program in lieu of a disciplinary sanction.(i) Executive Committee. Executive committee is the executive committee of the board of governors of The Florida Bar.(j) Executive Director. Executive Director is the executive director of The Florida Bar.(k) Final Adjudication. Final adjudication is a decision by the authorized disciplinary authority or court issuing a sanction for professional misconduct that is not subject to judicial review except on direct appeal to the Supreme Court of the United States.(l)Inquiry. Inquiry is a written communication received by bar counsel questioning the conduct of a member of The Florida Bar.(m) Practice and Professionalism Enhancement Programs. Practice and professionalism enhancement programs are programs operated either as a diversion from disciplinary action or as a part of a disciplinary sanction that are intended to provide educational opportunities to members of the bar for enhancing skills and avoiding misconduct allegations.(n) Probable Cause. Probable cause is a finding by an authorized agency that there is cause to believe that a member of The Florida Bar is guilty of misconduct justifying disciplinary action.(o)Referral to Practice and Professionalism Enhancement Programs. Referral to practice and professionalism enhancement programs is placement of a lawyer in skills enhancement programs as a disciplinary sanction.(p) Referee. Referee is a judge or retired judge appointed to conduct proceedings as provided under these rules.(q) Respondent. Respondent is a member of The Florida Bar or a lawyer subject to these rules who is accused of misconduct or whose conduct is under investigation.(r) Staff Counsel. Staff counsel is a lawyer employee of The Florida Bar designated by the executive director and authorized by these Rules Regulating The Florida Bar to approve formal complaints, conditional guilty pleas for consent judgments, and diversion recommendations and to make appointment of bar counsel.Amended July 23, 1992, effective 1/1/1993 (605 So.2d 252); 10/20/1994 (644 So.2d 282); 4/25/2002 (820 So.2d 210). Amended May 19, 2005 to be effective 1/1/2006; emergency motion filed and order issued changing effective date to9/14/2005 due to Hurricane Katrina; on12/8/2005, the Supreme Court of Florida issued a revised version of its original10/6/2005 opinion adopting this amendment, effective 1/1/2006 (SC05-206); 12/20/2007, effective 3/1/2008 (SC06-736); amended November 19, 2009 SC08-1890, (34 Fla.L.Weekly S628a), effective 2/1/2010; amended November 9, 2017, effective 2/1/2018 (234 So. 3d 577); amended September 7, 2023, effective 11/6/2023 SC22-1293.