October 2, 2018 Supplemental Posting THE FLORIDA BAR October 10-12, 2018 Meeting of the Board of Governors The Ritz-Carlton Amelia Island 4750 Amelia Island Parkway Amelia Island, Florida 32034 904.277.1100 phone UNOTE:U The schedule for this Board meeting will be: WednesdayU: 10/10/18 Dinner at Salt, 7:00 p.m. ThursdayU: 10/11/18 Committee on Technologies Affecting the Practice of Law, 8:30 9:30 a.m., Ambassador Program Evaluation Committee, 9:30 a.m. noon, Plaza 2 Certification Plan Appeals Committee, 9:30 11:30 a.m., Magnolia Disciplinary Procedure Committee, 9:30 a.m. noon, Boardroom Technology Committee, noon 1:00 p.m., Boardroom Board Review Committee on Professional Ethics, 1:00 3:00 p.m., Kings Bay Investment Committee, 1:00 2:00 p.m., Ambassador Communications Committee, 1:00 3:00 p.m., Plaza 2 Budget Committee, 3:00 5:00 p.m., Ambassador Disciplinary Review Committee, 3:00 5:00 p.m., Kings Bay Legislation Committee, 3:00 5:00 p.m., Director s Executive Committee, 5:00 6:00 p.m., President Suskauer s Suite Dinner at Gilbert s Underground, 7:00 9:00 p.m. Bonfire & S Mores, 9:00 10:30 p.m., Ritz Courtyard UFridayU: 10/12/18 Board of Governors, 8:30 a.m., Plaza Ballroom Business Attire Lunch 12:00 1:00 p.m., Plaza Foyer REGULAR AGENDA Friday, October 12, 2018 commencing at 8:30 a.m. MOST AGENDA ITEMS WILL BE CONSIDERED ON A RANDOM BASIS 1. Call to Order President Michelle Suskauer Roll Call Invocation by Michael Tanner Pledge of Allegiance by Michael Orr 1
2. Greetings and Announcements President s Opening Remarks Announcement of Non-roll call grievance agenda items Announcement of Non-roll call advertising appeal agenda items 3. Section Chair Reports and Other Guest Appearances a. Welcome by The Honorable Mark H. Mahon, Chief Judge Fourth Judicial Circuit b. Recognize Local Voluntary Bar Association Presidents c. Alternative Dispute Resolution Section Report by Christina Magee, Chair * d. Criminal Justice Summit Report by Hank Coxe, Chair * e. Annual Convention Committee Report by Katherine Hurst Miller, Chair * f. Florida Bar Foundation Report by Donny MacKenzie, Executive Director * g. Recognize Past Presidents * h. Florida Lawyers Assistance, Inc. Report by Board Liaison Wayne LaRue Smith and Judy Rushlow, Executive Director 4. Approval of Minutes a. Regular Minutes, July 27, 2018 meeting b. Grievance Minutes, July 27, 2018 meeting c. Summary of Executive Committee Action Taken i) June 11, 2018 Animal Law Section Request to Intervene in a Lawsuit Challenging a Constitutional Amendment Proposed by the Constitution Revision Commission Ballot Amendment #13 ii) August 13, 2018 Criminal Procedure Rules Committee Request to correct a Wordsmithing Error in Opinion SC18-118 and Disciplinary Procedure Committee Safe Harbor Provision for Participants in the Trust Accounting Pilot Program iii) August 29, 2018 Criminal Law Section Amicus Curiae and Family Law Rules Committee Proposed Amendment to Florida Family Law Rule of Procedure 12.407 5. Consent Calendar * a. UPL Circuit Committee Nominations b. Board Review Committee on Professional Ethics c. Rules, Bylaws & Policies d. Legislation Committee i) Section & Division Legislative Position Requests 1) International Law Section (a) Proposed Amendments to Chapter 48 2) Real Property, Probate & Trust Law Section (a) Online Notarization (b) Electronic Wills (c) Unanimous Findings in Incapacitation Petitions (d) Minor Guardianship Proceedings (e) Marketable Record Title Act (f) Right of Entry * 3) Business Law Section * (a) Trademarks * (b) Corporations ii) Section Legislative Advisor Agreements 1) Elder Law Section Brian Jogerst 2) Workers Compensation Section Fausto Gomez 2
iii) Florida Bar / Judicial Conference Advisor Agreements 1) TFB / Circuit Court Judges Conference Pete Dunbar 2) TFB / Circuit Court Judges Conference Stephen Shiver 3) TFB / County Court Judges Conference Paul Hawkes 4) TFB / District Court of Appeals Judges Conference Paul Hawkes e. Legal Services of North Florida s Board of Directors Appointment Recommendation f. The Florida Bar Retiree Health Plan Trust Amendment 6. President's Report Michelle Suskauer 7. President-Elect's Report John Stewart a. 2019-20 Meeting Schedule 8. Executive Director's Report Josh Doyle 9. Young Lawyers Division Report Christian George 10. Disciplinary Review Committee Chair Ron Ponzoli a. Executive Session i) Litigation Report 11. Disciplinary Procedure Committee Report Chair Wayne Smith 12. Rules Committee Report Chair Margaret Mathews a. Items on First Reading i) Standing Board Policy 16.21 Waiver of Conflict as Lawyer for Respondents 13. Program Evaluation Committee Report Chair-elect Scott Westheimer a. Items on Final Action i) Standing Board Policy 3.12 Finances ii) Rule 6-16.3 Minimum Standards (Business Litigation) 14. Budget Committee Report Chair Reneé Thompson a. August 2018 Unaudited Financial Statements (informational) 15. Investment Committee Report Chair Ian Comisky 16. Audit Committee Report Chair Duffy Myrtetus 17. UPL Report a. Informational Items i) Status Report on Pending Circuit Committee Cases ii) Pending Litigation Report 18. Communications Committee Report Chair Scott Westheimer * a. Schwartz Media Strategies 2017-18 Summary of Activities June/July/September 2018 Update and June, July and August 2018 Social Media Reports 19. Certification Plan Appeals Committee Report Chair Jack Hickey a. Items on Final Action b. Items on First Reading 3
i) BLSE Policy 2.02 Areas of Certification (Int. Lit. Arb.) ii) BLSE Policy 2.04 Fees iii) BLSE Policy 2.07 Application Filing Period and Dates of Certification and Recertification iv) BLSE Policy 2.13 Grading, Review, and Petition Process v) Rule 6-16.4 Recertification (Business Litigation) 20. Report of Board Review Committee on Professional Ethics Chair Larry Sellers a. Rule 4-7.14 Specialist/Expert Final Action b. Proposed Advisory Opinion 17-2 Lawyer Referral Service Payments c. Request for Amendment to Rule 4-7.13 d. Advertising Inquiries 38381 and 38387 Is 411-Pain a Qualifying Provider under Rule 4-7.22 e. Advertising Inquiry 37997 Is LegalRFQ.com a Qualifying Provider under Rule 4-7.22 f. Advertising Inquiry 38435 Is Ask-Gary a Qualifying Provider under Rule 4-7.22 21. Legislation Committee Report Co-Chair Gary Lesser a. Section / Division Legislative Requests * i) Special Committee on Child and Parent Representation * ii) Special Committee on Mental Health iii) Animal Law Section Draft Letters b. Other Business * i) SBP 900 Series Revisions and Discussion of Conforming the 800 Series c. Informational Items i) Key Contact Program ii) Guidelines for Legislative Action by The Florida Bar & Other Subgroups iii) 2018-2020 Master List of Legislative Positions 22. Informational Items a. General Counsel s Litigation Report 23. Technology Committee Report by Brian Burgoon, Chair 24. Special Committee on Trust Accounting Solutions Report by Andy Sasso, Chair 25. Family Law Rules Committee Proposed Deletion of Form 12.996(d) by Jeffrey Rynor, Board Liaison 26. Appellate Court Rules Committee Out-of-Cycle Report by Courtney Brewer, Chair 27. Committee on Technologies Affecting the Practice of Law Report by John Stewart, Chair 28. Strategic Planning Committee Report by John Stewart, Chair 29. Old Business 30. New Business 31. Time and place of next meeting December 12-14, 2018 The Ritz-Carlton Naples 4
*denotes new item ** SPECIAL APPOINTMENTS COMING UP AT THE DECEMBER MEETING ** a. Florida Realtor-Attorney Joint Committee (5 lawyers, one from each appellate district; 2-year terms beginning January 1, 2019) b. Florida Rural Legal Services Board of Directors (1 lawyer for 3-year term beginning January 1, 2019) c. Judicial Qualifications Commission (2 lawyers for 6-year terms beginning January 1, 2019) 5