INACTIVE STATUS

(a) Purpose. Inactive status as to board certification under chapter 6, Rules Regulating The Florida Bar, is available to eligible members who apply and qualify under this rule.

(b) Applicability. Eligible members are:

(1) Judicial Officers. A board certified member who is appointed or elected as a judicial officer will be permitted to retain board certification in an inactive status if the member files a properly executed application and if the member is determined eligible under this rule. For purposes of this rule, the term “judicial officer” includes:

(A) members of the United States Constitution Article III federal judiciary;

(B) justices of the Supreme Court of Florida;

(C) judges of the district courts of appeal;

(D) judges of the circuit and county courts;

(E) administrative law judges;

(F) magistrates employed through the court system who are prohibited from practicing law;

(G) masters employed through the court system who are prohibited from practicing law; and

(H) any other judicial officers, as determined by the BLSE who are prohibited from practicing law.

(2) Law Professors. A board certified member who does not practice law or ceases to practice law for the purpose of teaching law will be permitted to retain board certification in an inactive status if the member files a properly executed application and is determined eligible under this rule. The member must agree not to practice law if granted inactive status under this rule. For purposes of this rule, the term “teaching” includes only accredited law school and graduate law courses.

(3) Professional Neutrals. A board certified member who does not practice law or ceases to practice law for the purpose of being or becoming a mediator, arbitrator or voluntary trial resolution judge will be permitted to retain board certification in an inactive status if the member files a properly executed application and is determined eligible under this rule. The member must agree not to practice law if granted inactive status under this rule.

(4) Military Personnel. A board certified member who is called to active duty will be permitted to retain board certification in an inactive status if the member files a properly executed application and is determined eligible under this rule. The member will be exempt from the continuing legal education required for recertification applicable to the member’s practice area during the period of active military duty.

(5) Extended Substantial Hardship Cases. A board certified member who is not otherwise eligible under this rule, but is unable to practice law because of a unique substantial and material hardship, medical or otherwise, may be permitted to retain board certification in an inactive status if the member files an application that is approved by the BLSE. The BLSE may impose terms and conditions, waive any requirements, or extend the time within which recertification requirements must be met. The BLSE may seek the advice of the relevant area certification committee in determining whether to grant the application, what conditions should be imposed, or what waivers should be granted.

(6) Not Currently Certified Members. During the 2 years following the effective date of this policy, any member who voluntarily relinquished board certification before the effective date of this rule, but who is otherwise eligible for inactive status, may be granted inactive status on approval by the BLSE.

(c) Qualifications.

(1) Compliance with Policies. A member who is granted board certified inactive status must maintain an active membership with The Florida Bar, obtain continuing legal education credits required for recertification applicable to the member’s practice area (unless otherwise exempt under the policies), and otherwise comply with the applicable rules and policies governing board certification. The member’s 5-year recertification cycle will remain intact and the member must report completion of the continuing legal education credits at the end of each 5-year cycle, unless otherwise exempt under the policies.

(2) Annual Confirmation of Inactive Status. A member who is granted board certified inactive status must confirm continued eligibility on an annual basis on a form approved by the BLSE.

(3) Communication. While board certified inactive, the member must use the phrase “board certified inactive” and include the practice area as a means by which to distinguish board certification. On reactivation, the member may communicate board certification as otherwise permitted in the Rules Regulating The Florida Bar.

(4) Annual Fee. A member who is board certified inactive status must pay an annual fee equal to one-half of the fee required of board certified members.

(d) Revocation or Relinquishment of Board Certified Inactive Status.

(1) Revocation for Noncompliance. The BLSE can revoke board certified inactive status if the member fails to comply with the policies or as provided under policy 2.15. On revocation, the member cannot use the phrase “board certified inactive.” Unless and until the member is reactivated to board certified status, the member cannot use the phrase “board certified,” or any other term permitted for use by board certified lawyers in the Rules Regulating The Florida Bar. If revocation is considered, the same notice and hearing provisions set forth in BLSE policy 2.15(d) apply.

(2) Relinquishment. A board certified inactive member must notify the BLSE in writing within 90 days if the member no longer qualifies for, or desires to retain, inactive status. The member must cease to use the phrase board certified inactive and must immediately apply for reactivation of board certification or relinquish board certification.

(e) Reactivation to Board Certified Status and Recertification.

(1) Reactivation Requirements. If the member no longer qualifies for, or desires to retain, board certified inactive status, the member may apply for reactivation of board certification within 90 days. The member must demonstrate compliance with the continuing legal education requirement for the applicable practice area, unless otherwise exempt under the policies, be a member in good standing with The Florida Bar who is eligible to practice law in Florida, and otherwise comply with the applicable rules and policies governing board certification. On review that the requirements have been satisfied, board certification will be reactivated.

(2) Reactivation Fee. Members who apply for reactivation of board certification must pay a fee equal to one-half of the fee required to apply for recertification.

(3) Recertification after Reactivation. On reactivation, the member must apply for recertification by the application filing deadline consistent with the member’s 5-year certification cycle. The requirements for recertification may be prorated by the relevant area certification committee if approved by the BLSE. Added and effective Feb. 8, 2001 (795 so.2d 1) (Emeritus Specialist status); amended Oct. 6, 2005, effective Jan. 1, 2006 (916 So.2d 655); deleted May 21, 2015, effective Oct. 1, 2015 (164 So.3d 1217); Inactive status added Nov. 9, 2017, effective Feb 1, 2018 (234 So.3d 577).