Rule 6-4.4 - RECERTIFICATIONThe applicant must satisfy the following requirements for recertification during the 5-year period immediately preceding the application date.
(a) Substantial Involvement and Competence. The applicant must demonstrate continuous and substantial involvement and competence in the practice of law, of which 50 percent has been spent in active participation in civil trial law throughout the period since the last date of certification under the standards in this subchapter. The applicant must describe any courtroom experience during the period since the previous certification, including motion practice, summary judgment and injunction hearings, arbitration proceedings, or any other court appearances involving the presentation of evidence and argument in an adversarial environment.(b) Minimum Number of Trials. The applicant must have handled: (1) 2 contested civil trials in courts of general jurisdiction, of which at least 1 was a jury trial conducted by the applicant as lead counsel, and 1 of which may be an evidentiary hearing or preliminary injunction; or(2) 1 circuit court jury trial as lead counsel lasting a minimum of 6 or more trial days.(c) Non-qualifying Proceedings. Proceedings listed as non-qualifying under the minimum standards for certification under this subchapter do not qualify as trials for recertification, except as provided above.(d) Trial Substitution. One trial substitution may be submitted by a recertification applicant. All substitutions must comply with the minimum standards for initial applicants in this certification area.(e) Peer Review. The applicant must submit the names and addresses of 3 lawyers, 1 of whom is currently board certified in civil trial law and 1 judge of a court of general jurisdiction before whom the applicant has appeared as an advocate within the 2 year period preceding application, to complete peer review forms. Individuals submitted as references must be sufficiently familiar with the applicant since the last date of certification. The names of lawyers who currently practice in the applicant's law firm may not be submitted as references.(f) Education. The applicant must complete 50 hours of approved continuing legal education since the date of the last application for certification. Accreditation of educational hours is subject to policies established by the civil trial law certification committee or the board of legal specialization and education.(g) Waiver of Compliance.(1) On special application, for good cause shown, the civil trial certification committee may waive compliance with any portion of the trial education, and peer review criteria for an applicant who is an officer of any judicial system (as defined in the Code of Judicial Conduct), including an officer such as a bankruptcy judge, special master, court commissioner, or magistrate, performing judicial functions on a full-time basis during any portion of the period since the last date of certification.(2) On special application, for good cause shown, the civil trial certification committee may waive compliance with the trial criteria for an applicant who has been continuously certified as a civil trial lawyer for a period of 14 years or more.(3) On special application, for good cause shown, the civil trial certification committee may waive compliance with the substantial involvement criteria for an applicant, otherwise qualified, who is substantially serving as a mediator, referee, master or magistrate and is actively involved in civil trial law. For purposes of this subsection only, the judicial peer review as required in this subchapter does not need to be a judge before whom the applicant has appeared as advocate within the 2 year period preceding application.(4) On special application, for good cause shown, the civil trial certification committee may waive compliance with any portion of the trial and substantial involvement criteria for an applicant otherwise qualified who is not able to meet the requirements for recertification for health reasons.Amended Sept. 21, 1989, effective 10/1/1989 548 So.2d 1120; 11/29/1990, effective 10/1/1989 570 So.2d 1301; 7/23/1992, effective 1/1/1993 605 So.2d 252; amended Sept. 30-Oct. 1, 1993, by the Board of Governors of The Florida Bar; amended Feb. 17, 1995, by the Board of Governors of The Florida Bar; amended May 16-18, 1996, by the Board of Governors of The Florida Bar; amended Jan. 9-10, 1997, by the Board of Governors of The Florida Bar; amended May 21-22, 1998, by the Board of Governors of The Florida Bar; amended June 3, 2005 by the Board of Governors; amended and effective 5/20/2016 by the Florida Bar Board of Governors; amended and effective 12/4/2020 by The Florida Bar Board of Governors; amended and effective 12/1/2023 by The Florida Bar Board of Governors.