R. Regul. Fl. Bar 6-3.6

As amended through January 1, 2025
Rule 6-3.6 - RECERTIFICATION
(a)Duration of Certification. No certificate lasts for a period longer than 5 years.
(b)Minimum Standards for Proficiency. Each area of certification established under this chapter contains requirements and safeguards for the continued proficiency of any certificate holder. The following minimum standards apply:
(1) a satisfactory showing of substantial involvement during the period of certification in the particular area for which certification was granted;
(2) a satisfactory showing of continuing legal education in the area for which certification is granted but in no event less than 50 credit hours during the 5-year period of certification;
(3) satisfactory peer review and professional ethics record in accordance with rule 6-3.5(c)(6);
(4) membership in good standing of The Florida Bar and any other bar or jurisdiction in which the applicant is admitted; a pending disciplinary complaint or malpractice action against an applicant for recertification may not be the sole basis to deny recertification; and
(5) payment of any fees prescribed by the plan.
(c)Failure to Meet Standards for Recertification; Lapse of Certificate. Any applicant for recertification who has either failed to meet the standards for recertification or has allowed the certificate to lapse must meet all the requirements for initial certification as set out in the area's standards.
(d)Good Cause. In determining good cause under this chapter, the board of legal specialization and education and applicable certification committee must consider the applicant's supervisory responsibility in the certification area; the applicant's special knowledge, skills, and proficiency in the certification area; the nature and complexity of matters in the certification area handled by the applicant; the number of matters in the certification area handled by the applicant over the course of the applicant's career; and any career or other factors relevant to the applicant's request for a waiver of compliance.
(e)Practice of Law for Recertification. Service as a judge, administrative law judge, court commissioner, master, referee, magistrate, or arbitrator as applicable in the applicable certification area constitutes the practice of law for recertification purposes at the applicant's request if the applicant otherwise meets all requirements for the applicable certification area including the percentage of time required for substantial involvement in the applicable certification area.
(f)Waiver of Substantive Requirements. The applicable certification committee must waive the quantitative practice requirements for any applicant who has been continuously certified for 14 years and otherwise meets all requirements for the applicable certification area at the applicant's request. Quantitative practice requirements do not include the percentage-of-time requirement for substantial involvement, but do include, for example, minimum number of matters, trials, or hearings specified in individual certification areas.
(g)Waiver for Health Reasons. The applicable certification committee may waive compliance with any portion of the quantitative practice criteria in an individual recertification cycle for an otherwise qualified applicant who is not able to meet the recertification requirements for health reasons for good cause shown on a special application form. Quantitative practice requirements do not include the percentage-of-time requirement for substantial involvement, but do include, for example, minimum number of matters, trials, or hearings specified in individual certification areas. In determining good cause under this rule, the certification committee will consider, if the applicant requests, the factors listed to be considered under good cause above and the length and severity of the applicant's health issues

R. Regul. Fl. Bar 6-3.6

Amended Sept. 21, 1989, effective 10/1/1989 (548 So.2d 1120); 10/10/1991, effective 1/1/1992 (587 So.2d 1121); 7/23/1992, effective 1/1/1993 (605 So.2d 252). Amended April 12, 2012, effective 7/1/2012 (SC10-1967); amended February 2, 2023, effective 4/3/2023 (SC22-1291); amended effective 10/21/2024.