INSURANCE--PROPERTY--INSURED'S ACTION AGAINST INSURER--PRESUIT NOTICE. In resolving a conflict between the District Courts of Appeal, the Supreme Court held that section 627.70152, which requires insureds to file a written notice of intent to initiate litigation with the Department of Financial Services as a condition precedent to suit, does not apply retroactively to insurance policies that were issued prior to the date that the statute went into effect.
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FLORIDA BAR--RULES--AMENDMENT. The Court adopted proposed amendments to Rules Regulating The Florida Bar 1-3.7 (Reinstatement to Membership), 4-7.20 (Exemptions from the Filing and Review Requirement), 6-12.7 (Confidentiality), 10-2.1 (Generally), 11-1.8 (Practice after Graduation), 20-5.2 (Duty to Update), and Bylaw 2-3.11 (Electronic Meetings). The more significant changes include an amendment to Bylaw 2-3.11 authorizing the Bar "to conduct votes by email or other electronic polling in exigent circumstances"; an amendment to rule 4-7.20 exempting "sponsored search engine results that do not include images, audio, or video other than the permissible content of advertisements in rule 4-7.16 from the filing requirements for advertisements of rule 4-7.19"; and an amendment to rule 20-5.2 requiring that "Florida registered paralegals whose registration becomes ineligible for renewal to notify their employing or supervising lawyer of any change in their registration status."
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FLORIDA BAR--RULES--AMENDMENT. The Court adopted several proposed amendments to Rule Regulating The Florida Bar 20-6.1 (Continuing Education; Generally), which allow registered paralegals to receive lecture credit for approved seminars; allow "the Executive Director or Board of Governors to permit extensions of the time for completion for continuing education requirements in certain circumstances"; and clarify that paralegals may not carry over excess credit hours over to the next reporting cycle.
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TRAFFIC COURT--RULES--AMENDMENT. Florida Rule of Traffic Court 6.160 (Practice as in Criminal Rules) was amended to have speedy trial start at formal charge rather than arrest, which is consistent with Rule of Criminal Procedure 3.191.
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DEPENDENT CHILDREN--TERMINATION OF PARENTAL RIGHTS--BURDEN OF PROOF--FEDERAL PREEMPTION. The Court held that the Indian Child Welfare Act does not preempt "the clear-and-convincing-evidence burden of proof applicable to the separate findings that Florida law requires before a court may terminate a parent's right to his or her child."
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ATTORNEYS--BAR ADMISSION--RULES--AMENDMENT. Rules of the Supreme Court Relating to Admissions to the Bar 1-63.5 (Documents Filed by Registrant or Applicant), 2-28 (Application Fee for Reapplication for Admission Based on Rehabilitation), 2-29 (Stale File Fee), 3-14.3 (Defective Applications), 3-14.6 (Non-Compliance), 3-22.1 (Investigative Hearing Cost), 3-22.3 (Investigative Hearing Postponement), 3-23.3 (Formal Hearing Cost), 3-23.5 (Formal Hearing Postponement), 4-43.1 ($325), 4-43.2 ($625), and 4-46 (Reapplication after Postponement) were amended by the Court. Amendment included a clarification "that an application for admission by an applicant who has not passed all portions of the Florida Bar Examination may be inactivated, instead of terminated, for failure to comply with outstanding requests and inquiries;" a change in "the timeline for early notice of an applicant's postponement of a Bar examination;" and "an increase in certain fees for applicants due to inflation and increased costs."
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