Committees of The Florida bar.

Admiralty

Over the 2005-2006 year, the leadership developed and presented several seminars on advanced admiralty law for committee members. These seminars enabled those attending to obtain continuing legal education admiralty certification credits. At the September meeting, Matthew Valcourt reviewed the facts, law, and status of Rings v. Chatham County, Georgia, then under 11th Circuit appellate review. The appellant was later granted certiorari review by the 11th Circuit, currently pending. Jacob Munch presented an update on admiralty case law, and Joanne Foster reviewed the June SEALI case law update on "Hurricanes--Weathering the Storm." At the January meeting, Barbara Cook presented 2005 federal cases of interest in admiralty, including the developing progeny of Stewart v. Dutra, 543 U.S. 481 (2005). Ms. Foster discussed maritime lien law applied to environmental damage for a vessel on the hard. John Thomas enlightened the group on "Yacht Charter and the Yacht Time Share Business." At both meetings, Michael McLeod reported on his subcommittee proposal for uniformity of local rules among the Florida districts. Anyone interested in helping with that effort should contact him at [e-mail].

The committee's most significant 2005-06 accomplishment was the development of Admiralty Law 2006 for presentation in Ft. Lauderdale on April 27. This is an intermediate level seminar produced by program chair, Stephen Moon, and steering committee members Kenneth Gale Hawkes, John W. Keller III, Demetrios C. Kirkiles, Jeffrey J. Munch, Alan S. Richard, John H. Thomas, Roger A. Vaughan, and Rebecca Watford. The program was awarded 7.0 admiralty and maritime CLE attendance credits. The committee is to be congratulated for its hard work and determination.

Thanks to Demetrios C. Kirkiles, the committee now has an e-mail list of all members which permits direct communication on various issues and upcoming events and rapid response. Demetrios is the gatekeeper of the list and may be contacted at [e-mail].

Through its chair, the membership made a proposal of three educational seminars to the President's Showcase for the 2006 Florida Bar Annual Meeting. Unfortunately, none were selected. Matthew Valcourt also made a presentation to the Palm Beach County Bar Association on Maritime Security and Recent Legislation, Maritime Transportation Security Act.

BARBARA K. COOK, Chair

Advertising

The Standing Committee on Advertising is responsible for advising members of The Florida Bar on permissible advertising and marketing practices. The committee, which meets monthly, reviews appeals of opinions issued by staff counsel, offers guidance to staff in evaluating lawyer advertisements, makes recommendations regarding rule changes, and provides guidance to Bar members concerning both the substantive and procedural requirements of the advertising rules.

The committee advises on the substance of the advertising rules through a variety of different methods. An in-depth analysis of the filing requirements, substantive regulations, and committee interpretations are provided by the committee's Handbook on Lawyer Advertising and Solicitation (6th ed., 2004), which is regularly updated by Bar staff and is posted on the Bar's Web site for easy access. The handbook has been updated by Bar staff with the input of the committee to reflect recent amendments per Rules Regulating The Florida Bar--Amendments, 875 So. 2d 448 (Fla. 2004).

The committee, through its staff, continues to publish a column in The Florida Bar News from time to time, titled "Advertising Updates." Articles have explained the most recent revisions to the advertising rules and provided information regarding recent opinions of the Board of Governors and the committee regarding advertising. The committee further updates the Bar's Web site with new material and information when needed in order to provide as much information as possible to assist members in compliance with the attorney advertising rules.

The committee has been active in assisting other Bar committees this year and continues to serve in an advisory capacity to the statewide grievance committee on lawyer advertising, assisting the grievance committee in understanding the advertising rules and the advertising review process. Three members of the committee, Shane Munoz, John Bales, and John Remsen, also participated in the Bar's recent Advertising Task Force 2004, which made a number of recommendations for rule changes to benefit Bar members, resulting in filing some proposed new advertising rules and proposed revisions to existing rules with the Florida Supreme Court in December 2005. These rules, if approved by the Florida Supreme Court, propose, among other things, to eliminate the requirement for the hiring disclosure in print ads and to eliminate the size requirement for disclosures in advertisements. The proposed changes seek to make the Bar's advertising rules easier to understand and to follow.

By far the most time consuming task of the committee this year, as in past years, has been reviewing advertisements filed by members of The Florida Bar to determine whether they comply with the advertising rules. The committee reviews decisions of its staff regarding lawyer advertisements if the staff's interpretation of a particular rule or advertisement is appealed by an advertising attorney. Advertisers can appeal decisions of the committee to the Board of Governors if they wish to do so. The committee also provides guidance to its staff and advertisers, pursuant to requests, to foster compliance with the rules and to permit advertisers to accomplish their legitimate advertising goals. Due to the increased volume and complexity of advertising appeals this year, the committee increased the duration of its monthly meetings and scheduled at least two additional special meetings to accommodate appeals filed this year. The committee works hard to apply the advertising rules fairly to all types of advertisements and to balance the rights of advertisers with the needs and concerns of the public.

The committee has also provided advice and information as requested by the Bar's Attorney Web site Task Force, which is considering issues regarding attorney Web sites and whether they should be subject to the Bar's advertising review.

The Standing Committee on Advertising is made up of nonlawyers as well as lawyers. We believe that this has contributed substantially to our work and our broad perspective on advertising and marketing. I would like to thank each of our committee members, John Bales, Shane Munoz, John Remsen, Dr. Merlin Langley, Renee Gorman, and Sharon Barnett for their tremendous contribution.

Finally, the committee thanks our board liaison, Dominic Caparello, who has been an active participant in our work this year, DEUP Division Director Mary Ellen Bateman, and our hardworking staff headed by ethics counsel, Elizabeth Tarbert. Without the participation and hard work of these individuals, the business of this committee could not be accomplished.

HALLEY B. LEWIS III, Chair

Animal Law

The Animal Law Committee, the newest of the Bar's substantive law committees, is in its second full year. After provisional approval by the Program Evaluation Committee in late 2004, the committee was granted permanent status the following summer by a large majority of the PEC.

The committee recognized that its subcommittee structure from the provisional year no longer fit its status as a permanent committee and so reorganized in mid-2005, paring down from five subcommittees to two. Currently the two standing subcommittees are education and community involvement, respectively chaired by Sandra Wolkov and Heather Velenau.

The current membership is 78 and comprises attorneys from all disciplines of law in all areas of the state. The January 20 meeting had an attendance of 17. A comprehensive full-day CLE program will be offered to the membership of the Bar at its annual convention in Orlando this month. All potential attendees could not be accommodated due to space limitations, and the committee takes this as recognition that there is a strong interest in this growing field of substantive law among practicing Florida attorneys. A second full-day symposium is currently planned for the 2006 annual meeting with criminal and civil areas among the topic offerings. Subcommittee Chair Sandra Wolkov has once again put together a lively, informative educational program and has worked tirelessly to coordinate this offering.

The committee, wishing to capitalize on what we perceive to be a very significant interest by the Bar membership, is interested in sponsoring smaller-scale CLE presentations on focused topics in animal law in several venues throughout the state, but has been limited by budgetary restraints. We are exploring methods to overcome these constraints, since education of Florida attorneys on the current state of animal law in Florida and developing trends throughout the nation has been identified by the committee as a main focus.

The membership has expressed a desire to create an award to recognize one individual each year who has done an outstanding job to raise awareness regarding animal law issues or furthered the growth of animal law in Florida. Members of the Community Involvement Subcommittee are in the process of developing criteria for nomination, a voting process, and a timetable for announcing and making the award (likely in conjunction with the annual convention). The exact nature of the award itself is under consideration by this subcommittee, as is the exact title of the award with several under active consideration.

Phyllis Coleman, a member since inception and professor of law at Nova Shepard Broad Law Center, taught the first animal law course at that facility during the winter of 2005. This mirrors the growth of animal law course offerings at many law schools both within Florida and throughout the U.S. The ABA, recognizing the growing importance of the field of animal law, has recently approved a national animal law committee, which resides within the Tort and Insurance Practice Section of the ABA.

Cyril Toker, Jacksonville, and I are working on a project to survey all practicing members of the Bar to determine the current extent and nature of animal law cases referred to attorneys by Florida citizens. This information may help to quantify the "landscape" of Florida animal law issues faced by practitioners. Our current level of enthusiasm has been tempered by budgetary constraints in our provisional year and our first full operational year

The committee seeks the active involvement of all of its present members and the interest and inquiry of future potential members. FRED L. COHEN, Chair

Antitrust and Trade Regulation Certification

The Antitrust and Trade Regulation Certification Committee can report an extremely successful recruiting year with many of the "cream of the crop" in antitrust and trade regulation applying for certification. In December 2003, the Board of Governors unanimously approved amendments to Rule 6-22, designed to encourage experienced antitrust practitioners to become certified by clarifying the committee's expectations regarding an applicant's knowledge, skills, and experience in antitrust and trade regulation. The amendments also offered a limited opportunity for antitrust practitioners with 20 years or more of relevant experience to apply for certification without taking an examination. Specifically, Rule 6-22.3(a)(3)(e) was amended to provide for an exemption from the examination portion of the certification process for applicants who have "been substantially involved in antitrust and trade regulation law for a minimum of 20 years" and "who apply within 2 years of the effective date of the approval of this exemption and meet all other requirements for certification."

The two-year "window" for a 20-year-plus attorney to apply for certification and waive the exam ended September 30, 2005. After an extensive notification program, utilizing various Florida Bar and ABA listservs as well as The Florida Bar News, the committee is happy to report that 12 seasoned lawyers have applied for certification along with the waiver of the examination requirement. Another lawyer has applied to take the exam in May. The committee has recently preliminarily reviewed these applications and, where necessary, has sought clarification to ensure compliance with the "substantial experience" requirement of Rule 6-22. We are hopeful that a majority of the applicants will be determined to meet all the requirements for certification.

In the meantime, given the outstanding response, in November 2005, the committee presented a proposal to the BLSE to extend for another two years the examination waiver for attorneys with more than 20 years experience in antitrust and trade regulation. The proposal was made to ensure that we had provided as much time as possible for otherwise qualified practitioners, who were within or near the 20-year practice requirement, to apply for certification, without sitting for the examination. The BLSE unanimously approved the extension request, and in February 2006, the Board of Governors approved the proposal. Therefore, the examination waiver will be available to qualified applicants through the 2007 application filing cycle.

Finally, in July 2006, six of the nine members of the original Antitrust and Trade Regulation Certification Committee, including myself, will rotate off the committee. To each of my current colleagues, I express my deep appreciation for their hard work, dedication, and persistence put into achieving our goal of making antitrust and trade certification a highly sought-after objective for qualified practitioners in our state. We have succeeded in attracting the field's best and the brightest, and, as a result, leave the antitrust and trade certification process with a firm foundation for future committee members to build.

PATRICIA A. CONNERS, Chair

Appellate Court Rules

This year presented exciting developments within the Appellate Court Rules Committee (ACRC), including the proposal of several significant amendments to the Appellate Rules of Procedure, and the creation of two special subcommittees: The original proceedings subcommittee to address issues unique to original proceedings; and the subcommittee on electronic filing and service to address developing issues as Florida courts move toward electronic filing.

The ACRC also proposed several fast track changes to the appellate rules, which the Florida Supreme Court adopted. The Supreme Court adopted the ACRC's proposed amendment to correct an apparent scrivener's error in Florida Rule of Appellate Procedure 9.160. The court also adopted the ACRC's recommendation to amend Florida Rule of Appellate Procedure 9.420(d), to require attorneys to include within certificates of service a specific reference to the party each attorney represents. In re: Amendments to Florida Rules of Appellate Procedure 9.160 and 9.420(d), 919 So. 2d 431 (Fla. 2006).

This year was originally intended to be a reporting year under the Florida Rules of Judicial Administration. The ACRC was in the process of finalizing preparations of the necessary materials, had obtained approval from the Board of Governors for its proposals, and had published its proposed rules amendments, when, on November 3, 2005, the court issued In re: Amendments to the Rules of Judicial Administration, 915 So. 2d 157 (Fla. 2005), which changed the reporting cycle for the ACRC to 2008. Because the ACRC already had begun the rules amendment process, the ACRC obtained leave to file its proposed rule amendments out of cycle with the Florida Supreme Court. The following proposed rule changes are now pending: Rule 9.120(d), relating to the requirement for jurisdictional briefs when a district court certifies a case to the Florida Supreme Court as presenting a conflict or question of great public importance; Rule 9.130(a)(3)(C)(ii), clarifying the rights of appeal from a nonfinal order on writs of replevin, garnishment, and attachment; Rule 9.130(a)(3)(C)(iii), relating to appeals from nonfinal orders determining the right to child custody in dependency and termination of parental rights cases; Rule 9.130(a)(5), clarifying that rule by referencing the right to immediate review of any authorized motion for relief from judgment; Rule 9.146(b), clarifying who may take an appeal under that rule and confirming that the rule does not provide a basis for independent appellate jurisdiction beyond those orders specified in Rule 9.130; Rules 9.180(e), (f)(5)(A), (g)(3)(A) and (D), relating to workers' compensation proceedings; Rule 9.200(a)(2), regarding treatment of orders in dependency and termination of parental rights cases; Rule 9.200(b)(2), requiring court reporters to include an electronic version of each transcript for the record on appeal; Rule 9.210(a)(5), increasing the page limitations for answer briefs on cross appeal; Rule 9.300(d)(10), eliminating the separate request to toll time in the Supreme Court; and Rule 9.370(c), relating to amicus filings in connection with original writ proceedings.

The ACRC also faced a unique challenge this year when Planned Parenthood of Southwest Florida served its comments and objections to Florida Rule of Appellate Procedure 9.110(n), which the Florida Supreme Court sua sponte promulgated. In re: Amendments to the Florida Rules of Juvenile Procedure, 907 So. 2d 1161 (Fla. 2005). Following the amendment to the Florida Constitution regarding notification to parents by minors seeking a termination of pregnancy, the Florida Legislature enacted the Parental Notice of Abortion Act. F.S. [section] 390.01114 (2005). The statute provides for a right of immediate review if a trial court denies a petition for waiver of the notice requirement and requests the Florida Supreme Court to adopt necessary rules and forms facilitating such review. F.S. [section] 390.01114(5) (2005). Upon being served with Planned Parenthood's comments and objections, the ACRC endeavored to provide its collective thought process regarding Planned Parenthood's submission and the new rule. Following extensive work by the family law subcommittee and a lengthy meeting of the full ACRC, the ACRC proposed changes to Rule 9.110(n) to clarify whether the district or circuit court clerk is responsible for providing a copy of an opinion to a minor and specifically indicating that a minor has the right to file a brief or request oral argument in connection with such a proceeding. The committee also created a form notice of appeal and advisory notice to minors explaining the appellate process. The Supreme Court held oral argument on the various proposals on March 9, 2006, and the results of that proceeding and the submissions remain pending.

I have been proud to be part of the process that resulted in several changes, both internally and with respect to proposed amendments to the Florida Rules of Appellate Procedure. I am extraordinarily grateful to the hard work of all of the ACRC members who dedicated their time and energy to make this such a rewarding process. I am particularly thankful to Vice Chairs Edward M. Mullins and Kristy J. Gavin, Secretary Steven L. Brannock, and the subcommittee chairs: Robert D. Pritt, administrative practice rules; Brandon S. Vesely, amicus rules; Robert E. Biasotti, appellate record rules; Edward G. Guedes, civil rules; Susan O. Hugentugler, criminal rules; Frances H. Toomey, family law rules; John S. Mills, general rules; Natalie J. Carlos, orientation; Kathleen O'Connor, original proceedings; Judge John J. Lazzara, workers compensation; John G. Crabtree, special subcommittee on electronic filings and service; and Lucinda A. Hofmann, who served as both internal operating procedures subcommittee chair and as our parliamentarian. Finally, I am especially thankful to Joanna A. Mauer, the Bar liaison to the ACRC, and who spends countless hours assisting the officers and executive subcommittee. I have been honored to have served as chair.

JACK R. REITER, Chair

Appellate Practice Certification

Throughout the year, the committee was involved in the evaluation of applications for certification and recertification to ensure compliance with the rules governing standards for certification of a board certified appellate lawyer. As set forth in the rules, "The purpose of the standards is to identify those lawyers who engage in appellate practice and have the special knowledge, skills, and proficiency, as well as the character, ethics, and reputation for professionalism, to be properly identified to the public as certified appellate lawyers." Where necessary, additional materials were sought to examine each applicants' qualifications for board certification. We are grateful to all Florida Bar members who assisted in this process by responding to our peer review requests.

The committee's activities primarily focused on the time-consuming task of drafting the examination, which is a combination of multiple choice and short and long essay questions. The examination tests the knowledge expected of an experienced appellate practitioner in Florida and the ability to apply that knowledge to a variety of fact patterns that would be expected in practice. The committee strives to prepare questions which focus on issues of appellate practice, rather than underlying substantive law. In addition, the committee is working on rule amendments to clarify the necessary qualifications for appellate certification. All proposed amendments will be submitted to the Board of Legal Specialization and Education and the Board of Governors for approval.

The number of board certified appellate attorneys in Florida rose to 146 in 2005 with 17 approved to sit for the 2006 examination and 12 taking the test in March. The upcoming grading of the exam will be conducted applying holistic principles. There are 25 attorneys eligible for recertification in 2006. The next examination is scheduled for March 2007.

We encourage all appellate practitioners to apply for appellate certification as recognition of excellence in appellate practice.

I sincerely appreciate the hard work of the committee which has graciously given their time and talent in a continuing commitment to excellence in appellate practice. I especially want to thank Carol Vaught for her invaluable service as our certification specialist.

JUDGE WILLIAM D. PALMER, Chair

Aviation Law Certification

Since the certification of aviation law in 1996, there has been a steady stream of attorneys seeking certification. To date, 31 Florida lawyers have become certified in this growing area. Aviation law certification includes such diverse areas as aviation transactions, aviation tort issues, space law issues, government enforcement programs against airmen, mechanics, maintenance facilities, and airports, aviation employment law issues, and others. Members of the committee are among the most competent practitioners in these areas in the state and have contributed significantly toward its goals.

This year the certification examination was revamped to make it harmonious with recent events and changes in the law. The committee encourages all Florida attorneys whose practice involves one or more of these areas to apply for certification.

STUART A. GOLDSTEIN, Chair

Board of Legal Specialization and Education

The Board of Legal Specialization and Education has pursued a mission of creating awareness and encouraging participation in the certification program while enhancing the quality and professionalism of members of The Florida Bar who have the experience and expertise to become Florida Bar board certified lawyers.

We owe considerable gratitude to President Alan Bookman for his commitment to board certification and his enthusiasm in conveying its value. His leadership, along with the unparalleled dedication of Communications Committee Chair Judge Ralph Artigliere, and the talented and energetic efforts of our public relations consultant, Lisa Garcia, has raised the prominence of board certification and its value as a career achievement.

There have been many exciting advancements and others are underway. The Justice Harry Lee Anstead Award is presented annually to a board certified lawyer or judge for exemplary professionalism, excellence, character, and commitment to the certification program; board certification has a greater presence at Florida Bar meetings, including a BLSE-hosted reception open to all Bar members interested in learning more about certification. For the first time we will present a seminar during the annual convention titled "Polish Your Practice: Integrating Technology, Quality of Life, Professionalism and Board Certification." Capstone, the electronic newsletter for certified lawyers, has grown to provide news and resources; we continue our outreach to consumer reporters and editors statewide to facilitate interviews, public service announcements, and consumer stories, including distribution to all Florida Hispanic print, television, and radio outlets. Informational brochures have been improved. The Bar's Young Lawyers Division helped facilitate an increased presence for board certification at Practicing With Professionalism seminars mandated for young lawyers. We have also increased engagements before inns of court and voluntary bar associations, and we are proud to announce the commitment of certified lawyers to support and assist the Florida Supreme Court initiative to provide civics education teaching materials for lawyers and judges.

Aside from its promotional focus, the BLSE, through its 16 members, 171 certification committee members, and 17 staff, has multifaceted responsibilities. In addition to managing the certification program, it oversees members' compliance with the continuing legal education requirement and basic skills course requirements and the accreditation of thousands of CLE programs and activities. Chapter 6 of the Rules Regulating The Florida Bar and BLSE policies set forth the duties of the board, its committees, and staff.

Expansion of certification, both in available areas and number of members, continues to be a goal of the BLSE. During the past year, two new practice areas received the board's endorsement and are on track for review by the Supreme Court of Florida. Anticipating approval, eligible members will be able to apply for certification in the areas of intellectual property law and state and federal government and administrative practice before the end of 2006 and be tested in early 2007. Proponents have also approached the board this year for certification in subrogation law, education law, and information security law. As with all new proposals, the board carefully weighs the practical considerations of administration along with the degree of member interest and public benefit.

Under the direction of the Supreme Court, the BLSE has an obligation both to the public and to the Bar to ensure the certification review process is administered fairly and consistently. Over 4,000 certificates have been issued and many more lawyers are in the process of applying and qualifying by taking an examination. To become board certified, applicants must meet rigorous, but attainable, standards: 1) A minimum of five years in practice; 2) substantial involvement in their respective legal specialty during that period of practice; 3) CLE hours in the practice area within the three years prior to application; 4) passage of a comprehensive examination; and 5) an unblemished disciplinary record including positive references through confidential and comprehensive peer review.

The certification committees carefully review applicant qualifications under the rules set forth by the Supreme Court. If a committee recommends denial, the BLSE's Standards Committee, under the experienced direction of David Cook, is the first level of review. The Standards Committee then meets with the board to discuss the recommendation and the content of the file. The review process strives to give applicants as much information as possible about the basis for denial, while protecting confidential peer review and the program's integrity.

Professionalism has been the focus of the certification committees and BLSE, and is an important criterion for certification as is technical competency. Sadly, we have had several occasions this past year to reject recertification applications by lawyers who have been in practice a number of years based upon poor peer review relating to professionalism. It is our duty to insist upon and maintain the high standards of professionalism required of certified lawyers, and in so doing, we have declined to recertify those lawyers whose conduct does not meet those standards.

Under the capable leadership of Robert Feldman, our Rules and Policies Committee has also had an active year. Our rules and policies are under constant revision and through the work of this committee, they are carefully scrutinized.

Ideas for change and improvement are always welcome, and to that end the BLSE has continued its tradition of hosting a leadership conference annually with invitations to all certification committees and Bar section officers. This past year, we were fortunate to have President Bookman spend the day with us and clearly convey his appreciation and support. Our collective discussion resulted in a policy change to allow our certification committees to provide more information, including a sample question and answer, to those who attend section review courses in advance of taking their certification exams. To further improve communications, we invited section officers to attend our meetings and are working toward BLSE representation in the Council of Sections. Judge Ralph Artigliere spoke on the subject of professionalism, Jeffrey Michael Cohen on professional liability and the standard of care, and our academic liaison, Dr. Sue Legg of the University of Florida, addressed issues related to our exams, including the correlation between the exams and the credentials of lawyers. Lisa Garcia spoke about marketing our certification and I concluded with a discussion about our obligation as certified lawyers to mentor those who are younger to impart a clear sense of the professional standards to which respected lawyers traditionally adhere.

The individuals who serve on the BLSE give extensive time and talent to the goal of professional enhancement. Those who serve typically find that a three-year term is a mere introduction and most seek reappointment. Term limits preclude more than six years of service and this year we will lose two outstanding past chairs and program champions: Judge Ralph Artigliere and Jeffrey Michael Cohen. We will also miss the meticulous focus of David Cook as chair of our Standards Committee. Our departing members and all remaining deserve commendation for their work and for the fairness and consistency they bring to the process.

If you are board certified, we applaud your accomplishment. If you have not yet taken this step, but consider yourself to be qualified, it might be time to ask, "Why not?"

On behalf of the BLSE, I appreciate the hard work and efforts of all who work to maintain the high standards of the Florida certification program. We are especially grateful for the superior work of the program's administrative head, Dawna Bicknell, and the assistance provided by staff members Michele Acuff and Adam Brink. We are proud of our efforts and accomplishments. Our product is a better lawyer and better informed legal consumers.

HARRY A. PAYTON, Chair

City, County and Local Government Certification

The City, County and Local Government Law Certification Committee is now in its ninth year. Attorneys certified in city, county, and local government law represent about 10 percent of the 1,600 section members, which is above average when compared with other sections with legal specialization certification. However, the committee's goal is to increase that number.

The major activity this year was a complete rewrite of the annual examination. Comments had been received from applicants regarding the difficulty of the exam as well as the breadth of the exam. The committee decided to prepare a completely new exam. Careful attention was paid to the subject matter of the new questions to ensure that all topics were fairly represented. Previous exams were marked by low scores but high passing rates because of the curve that was used. The goal this year was to increase the scores while maintaining a high passing rate. The new exam was used in May and we will soon be grading it to see the results of our work.

The committee also voted this year to participate in the 2006 City, County and Local Government Law Certification Review Course as allowed by the recent rule change adopted by the Board of Governors. While the committee elected not to release previous exams or questions from previous exams. At the review course in Bonita Springs on May 11, Vice Chair Leonard Rubin discussed how the exam was created as well as how it was graded in an effort to help both those who are preparing to take the exam as well as encourage others to apply for certification in the future.

The committee said goodbye to our staff liaison, Lindsay Worsham, who greatly assisted us this year as she moves to other duties with the Bar. However, we regained Michelle Acuff who previously worked for the committee and who will do a great job. We on the committee are grateful to the excellent staff assistance that we have received; they really do the heavy lifting of the committee work.

The committee retains its broad makeup, with members representing cities, counties, school boards, and water management districts. There are both full time government lawyers as well as lawyers who represent governments in their private practice. The committee is geographically diverse as well with members from all areas of the state.

SANFORD A. MINKOFF, Chair

Civil Procedure Rules

The Civil Procedure Rules Committee is one of the largest of the Florida rules committees. Meetings are well attended and debate is lively. The size and diversity of the committee promotes evenhandedness in the process of review, change, and creation of rules. Its philosophy is to create or change a rule only when necessary to avoid the creation of unnecessary rules when other solutions are available in already existing rules. The committee responds to letters from attorneys throughout the state identifying problems encountered in specific cases, as well as court requests to create, change, or clarify a rule as case law develops and legislation is enacted.

The committee completed the time consuming task of cost guideline revisions and was very pleased to receive the recognition and gratitude of the Supreme Court in its opinion accepting the proposed revisions. This project involved examination of the guidelines and relevant case law, review of other state and federal guidelines, and evaluation of suggestions from many individuals and entities.

A permanent subcommittee was created as requested by the court to periodically review the Statewide Uniform Guidelines for Taxation of Costs in Civil Actions (Co-chairs Keith Park and Dan Bean).

As a result of term limitations, historical information within the committee is limited. In order to maintain a record of its work, subcommittees provide very detailed reports including all matters considered during discussions in addition to the ultimate recommendation to the full committee. These reports along with the availability of former members who continue to make themselves available as reference and resource guides will assist future committees in the review process.

Subcommittees are formed for each rule considered. The following are some of the rules currently being evaluated or proposed (chairs are noted in parenthesis):

1) Rule 1.360: Examination of Persons. Proposal to require notice of intended attendance of videographers, lawyers, and court reporters at medical examinations. (Marianne Trussell).

2) Rule 1.420: Dismissal of Actions. Amendment to allow dismissal of part, not all, of a suit, including assessment and judgment for costs relating to the dismissed claim. (Jack Scarola).

3) Rule 1.442: Proposals for Settlement. Consideration of modifications regarding apportionment requirements where a party is solely vicariously liable in order to utilize the rule to promote settlements, as intended. (Dan Bean).

4) Rule 1.526: Expert opinion testimony not required to support or oppose a claim or award of costs, attorneys' fees, or both, unless by prior order of court. (John Kelly).

Subcommittees often devote countless hours considering issues and researching questions that ultimately result in a recommendation of "no change" to the committee. This time and effort is greatly appreciated and most essential in the evaluation process. Matters recently considered by the committee resulting in no recommended change include changes to the limitation on requests for admissions and related rule on sanctions; expansion of the same rule to encompass various fact permutations described in case law; modifications to address disallowance of nonmonetary terms in settlement proposals; clarification of the summary judgment notice period expiration; and limitations to filing discovery responses for privacy protection.

There are subcommittees working on continuing projects including: Review of federal rules changes for state rule consideration (Jennifer Mansfield); review of legislation for response to changes (Lo Beilby); electronic discovery (Lawrence Kolin); drafting (Debra Block); and internal rules (Keith Park). Reports to the full committee are submitted on a regular basis.

It has been an honor to serve as chair of the Civil Procedure Rules Committee. It is a pleasure to have the opportunity to publicly thank Bar Staff Attorney/Liaison Madelon Horwich for her tremendous assistance, knowledge, and unwavering good humor. The committee could not function without minutes and we are most fortunate that Stephanie Daniel has volunteered as its secretary. She meticulously reports the workings of the committee to maintain an accurate record for future reference. I particularly thank Vice Chair Keith H. Park for his tireless efforts. This year, in addition to regular subcommittee work, he reviewed the internal procedures for subcommittee reporting in conjunction with consideration of other committees' procedures and chaired the September 2005 meeting. Thank you to Vice Chair Courtney Kneece Grimm and to each member who devotes many hours of time for the benefit of the Bar and the communities of Florida. It has been another busy and productive year.

ADRIENNE F. PROMOFF, Chair

Civil Trial Certification

There are 1,101 board certified civil trial lawyers in Florida. This year, the Civil Trial Certification Committee received and processed 50 applications; of those applicants, 41 sat for exam on March 10, 2006.

The Board of Governors has approved amendments to the rules governing civil trial certification which address the increased difficulty of satisfying the trial requirements for certification and recertification. Some of the changes approved by the Board of Governors permit the initial applicant to now complete five trials in five years instead of three trials in the three years immediately preceding the application. In addition, if an applicant is unable to submit 15 trials in courts of general jurisdiction, three substitutions may be submitted. For example, a substitution may include evidentiary hearings or preliminary injunctions lasting at least one day. This substitution is also permitted for an applicant for recertification. The committee believes that the amendments will assist the applicants, while maintaining the highest level of competency and professionalism expected of a board certified civil trial lawyer in Florida.

In addition to its duties and responsibilities in applying the certification standards and policies, the committee also drafts and grades the civil trial certification examination. The committee tests for competency in the areas of civil procedure, evidence, ethics, and litigation skills.

I am grateful to all of the members of this hardworking committee, including Vice Chair Albert E. Moon, H. Michael Easley, Anthony J. Gonzalez, Henry J. Hunnefeld, Matthew S. Mudano, Robert C. Palmer, Fred Tromberg, and Linda H. Wade. On behalf of all the members, I wish to thank our Bar verification specialist Cherie Morgan for her efforts to make our job manageable and enjoyable.

JAMES O. "Russ" MURPHY, JR., Chair

Clients' Security Fund

The Clients' Security Fund (CFS) was established to reimburse clients of an attorney who have suffered a loss of their money as a result of "misappropriation, embezzlement, or other wrongful taking or conversion by a member of The Florida Bar." The maximum award on any claim is $50,000. The fund also reimburses clients up to $2,500 for legal fees when the attorney fails to provide "useful services." Claims are filed in writing by the former client, reviewed by Bar staff and, when appropriate, referred to a member of the Clients' Security Fund Committee for investigation. When the investigation is completed, the member submits a written report for consideration by the CSF Committee.

The committee is made up of 24 attorneys appointed from all regions of Florida by the Bar's president. The committee meets three times during the year, typically in February, June, and October. Committee hearings are confidential; however, final action on claims is subject to disclosure. I have the honor to serve as current chair along with my co-chair, Pamela Chichon.

Defalcations by attorneys profoundly damage the public trust in members of the Bar and the legal system. Attorney dishonesty often follows serious personal financial problems associated with alcoholism, drug addiction, and/or gambling addiction. Other causes of financial distress can be divorce and/or business difficulties where the lawyer experiences cash shortfalls. Embezzlers often believe that they are just "borrowing" funds that will later, somehow, be repaid. The funds held in trust by attorneys cannot be "borrowed." The Bar provides assistance to members suffering from alcohol, drug, and gambling dependency, and early intervention reduces the risk of loss to clients from a dishonest or impaired lawyer. There is considerable virtue in members of the Bar actively intervening in these circumstances. You may save a life, a reputation, and the standing of the Bar in the eyes of the community.

Thefts by attorneys are often serial in nature, with a single attorney generating scores of claims. Many of these cases involve lawyers who misappropriate entire personal injury settlements, or fabricate costs, or misappropriate funds for medical and other liens.

The committee is authorized to pay claims up to $10,000, unless within 14 days from the date of assignment for review, the reviewing board member recommends to CSF staff the claim be placed on the next available board agenda. On all awards in excess of $10,000, the committee's recommendation goes to the Board of Governors for final action.

The most common claims are those for attorneys' fees for legal services that were never rendered. Under the rules regulating the CSF, The Florida Bar is limited to reimbursement of $2,500 for claims involving unearned fees.

The fund is financed by $20 of every Bar member's annual dues. The CSF has over $1.5 million budgeted for FY 05-06 to pay claims. In the last fiscal year, the CSF paid more than $813,082.21 on claims. Since its inception the CSF has paid $6,858,856.08 to Florida residents on 2,550 claims.

The CSF is assisted by the invaluable efforts of Suzanne Dunn, CSF coordinator, Michael A. Tartaglia, director, programs division, and Andrea Vanstone, CSF clerk. Unlike the CSF programs in most other states where there are paid administrative directors and trustees, the Florida CSF staff is small and involves minimal administrative expense. Instead, the heavy lifting is performed by uncompensated committee members and the Board of Governors.

Too often, the image of the entire legal profession is tarnished by the acts of a few members. Indeed, claims are made against less than one percent of Florida lawyers. However, a victim influences the thinking of family members and friends. The work of the committee is one way to mitigate the harm, improve the public's perception of the Bar as a whole, and restore confidence. Service on the CSF Committee requires hard work and diligence. However, the committee finds satisfaction in serving the Bar as well as the citizens of Florida. I thank the members for their service; it is an honor to us all.

IRWIN GILBERT, Chair

Code and Rules of Evidence

The Code and Rules of Evidence Committee, a standing Bar rules committee, differs from the other rules committees of the Bar because of the hybrid nature of the Florida Evidence Code. In essence, the code is composed of statutory provisions adopted by the legislature and then considered by the Florida Supreme Court as rules of procedure. Consequently, the committee becomes involved in the legislative process. As such, the committee may support or approve proposed changes to the code, offer technical assistance in the drafting of any such legislation, or even submit its own proposals. However, before taking any such action, the committee seeks input from other committees or sections, and then seeks approval from the Board of Governors. The committee is also active in providing to the Supreme Court pros and cons of any proposed change to the code.

In the 2006 legislative session the committee once again opposed the creation of a parent-child privilege rule. Since at the time of this writing the legislature is still in session, the committee will respond as necessary to any other proposed change.

Also, during the past year, the committee endorsed the efforts of the Real Property, Probate and Trust Law Section to repeal the dead person's (dead man's) statute, and a report was given to the Board of Governors.

The committee also recommended to the Bar president that a joint committee be established comprised of members of the legislative judiciary committee and the Code and Rules of Evidence Committee in an effort to streamline passage and adoption of the evidence code and rules.

This recommendation responded to recent calls by members in the legislature to revise the constitution and remove rulemaking authority from the Supreme Court. The committee feels that this is a danger to the fabric of the separation of powers doctrine in Florida. Therefore, in order to head off this situation, the committee took the active stance of harkening back to the time when the evidence code was first enacted. It was through a joint task committee comprised by Bar members and the legislature that the present codes and rules were adopted. Re-establishing this model will help foster better cooperation between the legislature and the judiciary and preserve our present system. Much work remains to be done in order to achieve this, but we have gotten the ball rolling.

Thanks are due to all committee members who have volunteered and worked diligently on the various subcommittees. Special thanks to our vice chair, Judge Dedee S. Costello, and to Al Salkali. Furthermore, our committee could not function without the skill, knowledge, assistance, and cooperation of our Bar liaison, Ann Chittenden.

AUBREY G. RUDD, Chair

Construction Law Certification

The Construction Law Certification Committee enjoyed its second year by celebrating the success of the first year. The inaugural class of 110 board certified construction lawyers was presented certificates this year. In addition, 41 applicants sat for the exam on May 19.

With most of the tasks of drafting administrative internal operating procedures and forms out of the way, the committee members had more time to focus on the content and actual administration of the exam, the grading process, and other ways to market and promote the certification area. The committee members this year included Bruce Alexander, Kim Ashby, Peter Brandt, Robert Emmanuel, Mindy Gentile, Larry Leiby, George Meyer, Warren Tripp, and Mike Wilson.

Although the creation of the exam, grading process, review of applications, and promotion of the certification area is labor intensive, the committee was proud to serve this year in an area of the law which has well deserved a special recognition and which has begun its existence with enormous vitality.

KIMBERLY ASHBY, Chair

Consumer Protection Law

During the several years of its existence, the Consumer Protection Law Committee has focused on studying Florida consumer protection laws, helping strengthen such laws when necessary, and considering means whereby the consumer public and the Bar will become better informed about the laws that protect them. During the 2005-2006 Bar year, the committee resumed developing a more defined mission statement to articulate its role in providing inter alia advocacy training and statements of position concerning pending or proposed legislation. In particular, the committee assessed whether the needs of the Bar and the public would be better served if it sought section status. At the conclusion of deliberation at the end of the current Bar year, the committee will vote on this decision.

As in past years, the committee has continued its support of the Florida Call-A-Law Program. This program was started in 1990 and has resulted in a collection of 65 recorded audio messages and written scripts on a variety of basic legal topics of interest to the general public, including criminal law, family law, landlord/tenant, and civil rights topics. Each message is two to three minutes in length. The public and members of the Bar may access the voice messages with a push-button telephone by dialing [phone], or may access the written scripts via the Bar Web site, www.floridabar.org.

The committee is completing its updating of the content of the public messages and developing Spanish language versions. The committee has determined that the telephone access system should be supplemented by an Internet presentation in conjunction with the Web site. The committee has funded the cost for transferring information from a telephone base system to an Internet base system through a cy pres award from a class action brought by the chair. The committee anticipates that the process of enhancing the program will be completed by the end of 2006.

The committee has been actively working on providing quality CLE presentations. At the June 2005 annual convention, the committee presented a comprehensive seminar concerning current consumer lending issues, titled "Addressing Predatory Lending Abuse: Protecting Florida Families and Businesses through Litigation and Legislative Challenges." The seminar presented nationally known litigation attorneys and experts on consumer finance law, including Ira Rheingold of the National Consumer Law Center and Professor Chris Peterson of the University of Florida College of Law. The committee was especially fortunate to have as the keynote speaker attorney John Roddy of Boston, who was the lead counsel in two of the most significant mortgage servicing cases to date: Curry v. Fairbanks Capital Corporation and In re: Household Lending Litigation. Mr. Roddy provided the seminar attendees with valuable insight into the most significant issues currently facing advocates against predatory lending.

As part of its mission, the committee is involved in providing the public with information concerning their rights under the various state and federal consumer protection laws. Members have worked with the AARP Foundation Litigation Project in its Volunteer Lawyer Review Program. The project provides a panel of volunteer lawyers in Florida who provides guidance to seniors with respect to various consumer law issues. The members of the Bar are encouraged to contact the project if interested at [phone] or www.aarp.org.

During the past year, the committee has responded to the needs of service personnel with issues ranging from landlord tenant to unfair debt collection. In particular, members have assisted the judge advocate corps in training of military lawyers at bases throughout Florida. The committee anticipates that the relationship with the military will continue to provide valuable assistance in an often overlooked area of law.

ROBERT W. MURPHY, Chair

Continuing Legal Education

The CLE Committee exists to recommend policies to the Board of Governors and to act as a liaison with the sections/divisions cosponsoring the CLE courses. In that role the CLE Committee has helped resolve problems associated with producing the CLE courses and has acted as a forum for the members and section/division representatives to share problems and ideas and propose changes.

This year, in conjunction with LexisNexis, our partners in CLE publications, an e-mail notification system was developed and implemented via a monthly e-newsletter which informs Bar membership about upcoming CLE courses, related CLE books, and new CLE publications. All members who have listed their e-mail address with the Bar receive this monthly notice unless they have elected to stop receiving the newsletter. Incorporating new technology to advance CLE programs is always a priority of the committee. Keeping your e-mail address current with The Florida Bar is important to receiving this excellent newsletter.

The committee has been working with the incoming Young Lawyers Division leadership to coordinate the basic courses that the YLD produces. The YLD is always looking for experienced section members to assist these programs, which is an excellent way to generate interest in the sections with the newest members. The YLD leadership has been extremely helpful and willing to work closely with the substantive law sections and the committee.

In summary, the committee's hardworking members continue to look for ways to improve and advance Florida Bar programs that educate the great lawyers in this state. When changes in policies are necessary, the committee wants to consider them. It has been an excellent year and I look forward to another productive year under the next chair.

BOOTER IMHOF, Chair

Criminal Law Certification

The Criminal Law Certification Committee has had another exciting and challenging year. There are currently 393 board certified criminal attorneys. Of these, 332 are certified as criminal trial specialists, and 61 are certified as criminal appellate specialists. The committee is charged with administering and applying the certification rules and policies for both criminal trial law and criminal appellate law. As in past years, the committee's major activities have been reviewing files of new applicants, drafting questions for the annual examination, grading the examination questions, and reviewing files of applicants for recertification. In addition to these major activities, the committee has finalized the daunting task of reviewing and revising the standing committee policies and rule changes, which have now been forwarded to the Board of Legal Specialization and Education for review.

This year the committee continued to balance the need for well-qualified attorneys to become and remain board certified with the need to maintain the high standards expected of board certified criminal trial and appellate attorneys. Thirty-nine applicants applied for criminal trial certification and six applicants applied for criminal appellate certification this year. The committee also reviewed the files of 79 recertification applicants for 2006.

In assessing the files of new and recertification applicants, the committee devotes a substantial amount of time and energy to the peer review process. Peer references are obtained and evaluated for each applicant. If, taken as a whole, the references raise questions about the applicant's professionalism, often the committee will hold the file and solicit additional references from peers, including judges before whom the applicant has practiced. When enough information has been collected to evaluate the applicant fairly, the committee votes to accept or reject the applicant.

Applicants are also evaluated to determine whether they meet the board certification requirement of substantial involvement in criminal trial or appellate law. Questions often arise with this requirement. For example, as in past years, several questions were raised regarding litigation under the Jimmy Ryce Act (which authorizes the involuntary commitment of sexual predators), state and federal habeas corpus law, and protracted litigation. The committee consistently reviewed each application with diligence, attempting to certify as many qualified attorneys as possible, without undermining the substantial involvement in criminal law requirement.

This year, all committee members have been especially busy in drafting new questions for the 2006 examination, as the committee lost one member after the first meeting, leaving only eight members. Also, in a major change from previous years, the committee decided to provide the applicants with an additional essay question in the morning session, allowing each applicant to discard one question from that session. Thus, the trial examination consists of six essay questions (five of which must be answered) and 50 multiple choice questions. The appellate examination consists of the same essay questions, but different multiple choice questions geared toward the appellate practitioner.

The committee extends its gratitude and appreciation to all those Bar members, especially members of the judiciary, who have taken the time to complete the peer reference forms on behalf of the applicants this year. Your continued participation in the board certification process is critical in ensuring that applicants become board certified. The committee also extends its sincere gratitude to its Bar liaison, Linda Cook, whose commitment, experience, enthusiastic support, and guidance have been invaluable. Finally, a special note of recognition and thanks to Richard Moore, who has served on the committee for the past six years. His dedication and unique legal background in criminal law will be greatly missed next year.

CRAIG L. CRAWFORD, Chair

Criminal Procedure Rules

This year the Criminal Procedure Rules Committee dealt with significant rules changes and issues of crucial importance to the operation of the criminal justice system. I would like to thank Scott Fingerhut and all vice chairs and the subcommittee chairs for their hard work and dedication. They accomplished our primary goal of swift response to the Supreme Court, the need for efficient and effective rule changes generated by legislation, and finally, prompt response to requests from members of the Bar.

In addition to the above duties, the committee appeared before the Supreme Court to present positions regarding rules and made presentations to the Board of Governors. Although, the Board of Governors has no authority to change a decision of the committee, the support of the board is always sought and its opinion is seriously considered. This year the board voted to support all proposals presented to the Supreme Court by the committee. In that light, the committee would like to thank David Rothman of the Board of Governors, and President-elect Hank Coxe for their wisdom and support.

The committee dealt with 17 specific rules proposals. These proposals were responded to in various ways. The biennial cycle report was filed in January 2006. There were also several out-of-cycle reports filed, plus one emergency recommendation report as well as correspondence directly to the Supreme Court. New rules were proposed, and in some instances no changes were recommended.

The committee's biennial cycle report proposes amendments to Rules 3.170, 3.180, 3.213, and 3.640. Respectively, these amendments provide for a defendant withdrawing a no contest plea before sentencing; sentencing when defendants absence themselves (in response to Capuzzo v. State); a separate provision regarding mental retardation and autism pursuant to Byrd v. State; and the removal of a provision relating to formal testimony which conflicts with Crawford v. Washington.

In December 2005, the committee filed an out-of-cycle report with the Florida Supreme Court dealing with Rules 3.131, Pre-trial Release and 3.132, Pre-Trial Detention. This report was in direct response to the Supreme Court's ruling in State v. Raymond, which declared F.S. 907.041(4)(b) unconstitutional. The statute provided that "no person charged with a dangerous crime shall be granted nonmonetary pretrial release at a first appearance hearing." The Supreme Court reinstated the existing Rules 3.131 and 3.132 and asked for comment. The committee reported that it believed that no change was necessary to 3.131 or 3.132; however, the committee provided a draft of an amended rule in case the court wishes to make a change consistent with the statute.

In September 2005, the committee filed an emergency report with the Supreme Court. The basis of the emergency was the fact that Rule 3.853 relating to motions for post-conviction DNA testing was about to expire on October 1, 2005. It was the feeling of the committee that the time limitation on such motions should be eliminated from the rule. The court acted upon the committee's report by staying the October deadline and inviting comment.

On June 9, 2005, the committee presented oral argument to the Supreme Court regarding Rule 3.172, which was filed on November 17, 2004. Additionally, the committee corresponded with the court on other matters relevant to the rules. With regard to State v. Naveira, the committee recommended no change to rule 3.191. With regard to revisions of the form in 3.984, the committee corresponded with the court and recommended no action.

Currently the committee is considering amendments to standardizing closing arguments throughout the state regardless of whether the defendant puts on evidence. The committee has approved an amendment to rule 3.381 which would entitle the state to opening and closing arguments before the jury regardless of whether the defense puts on evidence.

GEORGE E. TRAGOS, Chair

Education Law

The Education Law Committee is a substantive law committee that meets three times a year, and brings together attorneys who practice or are interested in administrative, employment, intellectual property, constitutional, discrimination, contract, or other types of law under the broad umbrella of "education law." The committee also seeks to review existing areas of education law, including legislative initiatives affecting the K-20 education system; to study recent developments in this broad but specialized area of practice; and to keep members of the Bar informed of significant developments in this practice area.

Communication among committee members and with the Bar is facilitated by the electronic Florida Education Law Journal. As its initial editor-in-chief, Vice Chair Marylin Batista-McNamara's excellent work in soliciting articles from a number of lawyers in the field have made the Florida Education Law Journal a premier element of the committee's work. The electronic format enables the committee to publish a top-rate journal within the confines of a limited committee budget. Interaction among members has been further enhanced through a committee listserv. The committee also tested a video teleconferencing initiative to better serve committee members and other Florida Bar attorneys interested in education law. With technical support coordinated by member Joel Berman and provided by Nova Southeastern University, the June and September 2005 committee meetings were made available via video teleconference at numerous sites around Florida. The committee is presently exploring the possibility of webcasting its meetings. All three of these initiatives showcase one of the committee's key characteristics: A focus on technology use to better serve its members.

Continuing legal education for its members and other interested attorneys continues to be a high priority for the committee. The committee's robust CLE program directed by Vice Chair Julie Sheppard included presentations on the Chief Executive Officer Perspective on the Role of the Education Attorney; Representing an Educational Institution: Ethics and the Role of In-House Counsel; New Immigration Regulations Impacting Education (PERM); The Impact of the IDEA and Section 504 on Schools; Current Legal Issues Impacting Education in Florida; Hot Topics of Interest to Education Lawyers; and Recent Developments in FERPA. Finally, the committee has joined with the Legal Needs of Children Committee of the Public Interest Law Section and the Criminal Law Section in cosponsoring the Presidential Showcase presentation on Zero Tolerance Policies in Education at the annual convention of The Florida Bar in June.

Under the leadership of Edward J. Marko, the committee continues to seek new ways to disseminate information about its existence and to encourage new members and greater participation. For example, Chair Dayton Michael Cramer published an article in The Florida Bar News to increase interest and membership. Committee meetings are open and all Florida Bar members are welcome to participate as a member, a visitor, or an informal member. The opportunity to join the committee as a member is limited to the Bar's annual committee preference process. Attorneys interested in the committee can access the membership list and other information about the committee at www.floridabar.org.

Finally, the committee took the initial step in the process to obtain a certification in education law. In September, Usher L. Brown prepared a draft petition for certification, and circulated it for comment. The Bar staff for the Board of Legal Specialization and Education also reviewed the draft, and provided beneficial comments. At the Bar's midyear meeting, the Board of Legal Specialization and Education invited Mr. Brown and Chair Cramer to address the proposed petition. The board encouraged the committee to continue its efforts, and stated that it was looking forward to eventually receiving the petition for review and action.

The Education Law Committee continues to thrive in its fifth year. We look forward to continuing our pursuit of a certification in education law, the further use of technology to advance our communications, cultivating an inclusive and welcoming environment, and bringing together attorneys from various backgrounds that have a common interest in education law.

DAYTON MICHAEL CRAMER, Chair

Elder Law Certification

The Elder Law Certification Committee is charged with reviewing the applications filed each year, and determining eligibility by applying the requirements outlined within Rule 6-20, Rules Regulating The Florida Bar. In addition, committee members spend several months drafting questions and model answers for the yearly exam, administered every March.

Since its inception, 66 attorneys have been recognized as specialists in the area of elder law. Of the 10 lawyers who filed applications during the July 1-August 31, 2005 filing period, six examinees sat for the March 10 exam in Tampa. Applicants will be advised of their results no later than June 1, 2006. Once the exam process is completed, the committee will immediately begin reviewing the applications of those required to go through the recertification process in 2006.

What legal issues are incorporated in the practice of elder law? Issues involving health and personal care planning, including advance directives; lifetime planning; family issues; fiduciary representation; capacity guardianship; power of attorney; financial planning; public benefits and insurance; resident rights in long-term care facilities; housing opportunities and financing; employment and retirement matters; income, estate, and gift tax matters; estate planning; probate; nursing home claims; age or disability discrimination; and grandparents' rights. This area also encompasses all aspects of planning for aging, illness, and incapacity. Most importantly though is that elder law clients are predominantly seniors, and this specialization requires practitioners who are particularly sensitive to the legal issues impacting these clients.

The committee would like more attorneys certified in the area of elder law and encourages those who meet the requirements to contact the Legal Specialization and Education Department of The Florida Bar at (850) 5615693 or visit www.floridabar.org for an application.

MICHAEL W. CONNORS, Chair

Eminent Domain

The Eminent Domain Committee is a substantive law committee composed evenly of both property owner attorneys and government attorneys. The committee's primary purpose is to provide an update on both procedural and substantive developments in eminent domain law. Each meeting is designed as an educational program providing CLE credits.

The committee's meeting on June 24, 2005, featured a panel discussion among property owner attorneys, government attorneys, and a local government planner regarding the Kelo economic redevelopment case which had been pending at the U.S. Supreme Court when the agenda for the meeting had been drawn up. This discussion was very timely as the Supreme Court rendered its decision the day before the panel discussion took place. The debate was lengthy and lively, and all of the attendees agreed it was one of the best meetings they had ever attended. There was also an excellent presentation on business damages presented by a south Florida CPA.

At the meeting on September 8, 2005, there were a number of informative and interesting presentations. Carl Zahner, director of The Florida Bar Center for Professionalism, began the meeting with a discussion on professionalism, which he related to the eminent domain practice through both lecture and group exercises. John Conrad represented a case law update, bringing the committee current on recent developments in the eminent domain arena. Finally, Wesley Parsons and Brian Patchen presented an excellent point/counterpoint on the citrus canker cases that had developed in south Florida. This presentation was especially interesting since one of Mr. Patchen's citrus trees was affected by the eradication program.

In keeping with a theme of professionalism, Vice Chair Brian Seymour gave a thought-provoking presentation on conflicts of interest in the context of eminent domain cases at the January 20, 2006, meeting. His examples of the potential for conflict raised the awareness of how careful property owner attorneys must be when taking on various representations. The next discussion was presented by Maurice Gruber, a marketing expert from south Florida, and Vice Chair Patrick Di Pietro. This discussion centered on the importance of a marketing expert in real estate valuation from the perspective of both the expert and the lawyer and further emphasized that marketing experts are not just for business damage claims. Finally, a point/counterpoint discussion was provided between Larry Gendzier and Raymer Maguire regarding the Department of Transportation's incentive offer program in which it will offer a sum in excess of its approved appraisal in order to encourage property owners to settle without incurring a large amount of fees and costs.

The June 23, 2006, meeting features the return of the panel members who discussed Kelo. Considering the bills being debated in the legislature on this topic as well as the developments in such cases since last year, this meeting should have the same spirited discussion and debate as a year ago.

None of what we have accomplished this year would have occurred without the fine work of the Vice Chairs Patrick Di Pietro, Paul Lehrman, Debra Schiro, and Brian Seymour, and I thank each for their excellent work in procuring speakers, actively participating at the meetings, and suggesting great ideas for discussion.

STEPHEN TABANO, Chair

Family Law Rules

In November 2005, the committee filed a petition with the court to amend Fla. Fam. L.R.P. Form 12.900(a), Disclosure From Nonlawyer. The amendments were required by amendments to Rule Reg. Fla. Bar 10-2.1(a), Unlicensed Practice of Law, approved by the Supreme Court effective January 1, 2006. The committee's proposal was approved by the Supreme Court on February 9, 2006.

In February 2005, the committee filed an out-of-cycle report with the court to amend three forms. A correction was made to the instruction sheets for the two financial affidavits, Forms 12.902(b) and (c), and various changes to conform to statutory and case law requirements were made to Form 12.902(i), Affidavit of Corroborating Witness.

Because of its importance to family courts, the committee has spent considerable time this year monitoring and responding to the report of the Supreme Court Committee on Privacy and Court Records. Comments were filed to the Group 1 proposals on February 1, 2006. On March 1, 2006, Ronald Bornstein, vice chair of the committee, participated in a hearing on these proposals at the Florida Supreme Court.

JUDGE JOHN M. ALEXANDER, Chair

Florida Bar Journal and News Editorial Board

With circulations of over 80,000 readers, The Florida Bar Journal and News are leading sources of timely and relevant articles on Florida law, the legal community, and activities of The Florida Bar. The editorial board, comprised of 40 volunteer lawyers, plays a vital role in maintaining the quality and substance of both publications. The board reviews all submissions for feature publication in the Journal. The board examines the articles for relevance, style, and substance. Board members offer a critique of the articles including an assessment of the article's thoroughness, creativity, and precision with special attention to accuracy in content and research.

The Florida Bar Journal is published 10 times annually and is dedicated to publishing quality, timely articles. A few of the many topics covered in 2005 were asset protection in Florida, ERISA, Florida's "valued policy law," family limited partnerships, the American Jobs Creation Act, and the imperfection of a witness' memory in court. In November, the Journal published a special issue dedicated to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. Richard R. Gans, editor of the probate and trust law portion of the Real Property, Probate and Trust Law Section's column for the Journal, served as special editor for that issue, which featured a series of articles explaining the effect of the act on retirement accounts, Florida Homestead, domicile, Florida's limited partnership laws, and ethics.

In September 2005, the Journal once again published the annual directory, an invaluable desk reference for practitioners and staff. The popular court section was reinstated in the 2005 edition and was also made available online at www.floridabar.org in both a Web-based and printable, .pdf file format.

The Florida Bar News continues to be the primary means by which the Bar communicates topical information to its members. The twice-monthly tabloid, now in its 32nd year, is produced by a staff of professional journalists and has been lauded by Bar members for its editorial independence and acknowledged nationally as a model vehicle for information about association activities. Its mission is to provide a vehicle for an independent exchange of ideas, free from constraints endured by many other association publications. The News strives to publish news, columns, and other information that help advance the education, competence, ethical practice, and public responsibility of Florida lawyers and increase their awareness of the official and informal activities of their profession.

With the recent redesign of The Florida Bar's Internet homepage, access to the Journal and News online is easier than ever, with a direct link to both publications prominently featured. The online versions of both the magazine and newspaper are available approximately five days before the print date, so readers may access articles and news well in advance of the print versions. Users of the Bar's RSS (Really Simple Syndication) capabilities can receive select News stories up to two weeks before they are published. Directions on how to use the RSS feature are available on the Bar's Web site.

In June 2005, it was announced at the Editorial Board's meeting at the annual convention that Arthur J. England, Jr., was the recipient of the 2004 Excellence in Writing Award for his article, "PCAs in the DCAs: Asking for Written Opinion From a Court That Has Chosen Not to Write One" in the March 2004 issue. This year, writing award committee members Carrol Cherry, Annette Escobar, Jay P. Lechner, Christina McAdams, Donald Mihokovich, Julie Sneed, Jennifer Winegardner, and Thomas Young voted for recipients John Garaffa for his article, "Florida's 'Valued Policy' Law: The Eye of the Storm" (April 2005) and Claude H. Tison, Jr., and Frank Winkles, for their article, "Avoiding ERISA Under Disability Contracts" (May 2005). The recipients are selected on the basis of the quality, difficulty, and article style.

Additionally, at the June 2005 annual convention, the Editorial Board's Guidelines Revision Committee reported a reduction of manuscript pages in a special issue in the Journal from 100 to 48 pages. The reduction was made in an effort to comply with the Board of Governor's budgetary requirements. Staff continues to manage the number of printed pages in the magazine to an average of 72 pages and 32 pages in the newspaper.

As always, the editorial board and staff of the Journal and News continue to demonstrate an unwavering commitment to professionalism and excellence in the creation of the Bar's official publications. Please join me in thanking them for their hard work and dedication.

ROBERT C. DOWNIE II, Chair

Health Law Certification

The area of health law certification was approved by the Florida Supreme Court in 1994 and currently numbers 108 certified health law attorneys.

There was a significant increase in applicants this year due in part to the increasing awareness by the public of certification in general, as well as the health care community, which has embraced board certification for decades. In addition, state agencies, law firms, and corporations are increasingly taking certification into account in both hiring and compensation decisions. To qualify to take the health law exam, attorneys must be a member of the Bar for five years; be engaged in the full-time practice of law; and be substantially involved (at least 40 percent) in health law for the last three years of their practice. Attorneys seeking health law certification must also complete at least 60 hours of advanced continuing legal education of approved health law credits and pass a stringent peer review process. All currently certified attorneys must also endure the recertification process every five years.

The committee met four times this year. During these meetings, the committee reviewed the 24 initial applications and 46 recertification applications. In addition, members worked diligently on drafting the exam for initial applicants. Tom Clark attended the certification leadership conference on behalf of the committee and relayed the informative discussions on ways to better the exam, the exam specifications, and the application process. Members of the Health Law Certification Committee include Thomas P. Clark, vice chair; Jeffrey L. Cohen; Karen O. Emmanuel; Carol Ann Kalish; Lee F. Lasris; Lester J. Perling; Marian W. Schlow; and Robert A. Zack. None of this could have been accomplished without diligent assistance from our committee liaisons Lindsay Worsham and Michele Lamar-Acuff. I sincerely thank them, all the members of this year's committee and our predecessors for their hard work and dedication.

JIM FARRELL, Chair

Immigration and Nationality Law Certification

The Immigration and Nationality Law Certification Committee is responsible for certifying attorneys who practice in the field of immigration and nationality. Over the last few years immigration has become one of the most controversial topics in American politics. Immigration in one way or another touches all those living in the U.S.

Since September 11, 2001, adjudication times with the Department of Homeland Security have continued to be long. The dissolution of the former Immigration and Naturalization Service in March 2003 and the creation of three new federal agencies, United States Citizenship and Immigration Service (USCIS), United States Customs and Border Protection (USCBP), and United States Immigration and Customs Enforcement (USICE), have done little to help the general public. What was once one bureaucracy has now become three. A practitioner can have one client flow through all three agencies in the context of resolving just a few legal issues.

Certification in our field was approved in 1994, and currently 47 attorneys are certified in our specialty. In March 2006, this committee gave the 12th examination with four attorneys sitting for examination. Grading of the examination was scheduled for April.

Over the last year the committee has worked diligently in reviewing initial applications, recertifying 32 board certified attorneys, and preparing a tough but fair certification examination. Anyone who becomes certified in immigration and nationality law should be extremely proud of their accomplishment. We encourage those who practice in our area and meet the qualifications to apply for certification.

Lastly, I personally would like to thank our committee and the Bar's certification specialist, Carol Vaught, for their diligent efforts and assistance.

SCOTT D. DEVORE, Chair

International Law Certification

If it hasn't happened yet, it is likely to happen soon that you and your clients will be faced with an issue involving international law.

International exports from Florida total nearly $29 billion annually. Enterprise Florida lists over 1,900 foreign-affiliated companies with ties to our state. With nearly $100 billion in international trade flowing through Florida's ports, this state is one of the world's leaders in international trade and industry. Florida's key location as a gateway to the Caribbean, as well as Central and South America, is a critical factor in the location of international business in the state.

According to the Florida FTAA Web site, "The Free Trade Area of the Americas (FTAA), currently being negotiated by 34 Western Hemisphere nations, is intended to be the most far-reaching trade agreement in history. It is an effort to unite the economies of the Western Hemisphere into a single free trade agreement comprising 800 million consumers with a combined gross domestic product of $14 trillion." The negotiation process began in Miami in 1994 and continues. Miami is a potential location for the permanent site of the FTAA secretariat.

These factors are part of the driving force in the development of international law as a strong and viable practice area among attorneys in this state. Companies' need for advice on issues ranging from tax to labor and employment to contracts to probate and litigation takes on added significance and complexity when international factors are added. Working with foreign nationals, negotiating with multinational corporations, and assisting local companies with international suppliers are becoming more commonplace in Florida. For this reason, practitioners in the field of international law are consistently called upon to provide this critical advice.

Of those states that offer specialty certification for lawyers, Florida is the only state that offers certification in international law.

The Florida Bar defines international law as "The practice of law dealing with issues, problems, or disputes arising from any and all aspects of the relations between or among states and international organizations as well as the relations between or among nationals of different countries, or between a state and a national of another state, including transnational business transactions, multinational taxation, customs, and trade. The term 'international law' includes foreign and comparative law." In essence, if your practice crosses national borders or involves persons or businesses in another country, you might be practicing "international law."

This year, we will reach a significant milestone. At the conclusion of this cycle, 30 Florida attorneys will be certified in international law, counting them among the distinguished group of highly qualified individuals who have chosen to submit to a peer review and sit for a knowledge area exam in order to assume their role as certified attorneys in this area.

If you are one of the many attorneys whose practice focuses on international law, you, too, can join this notable group of focused attorneys. The committee welcomes and encourages all members who engage in international law as a substantial portion of their practice to seek certification.

PAMELLA SEAY, Chair

Judicial Administration and Evaluation

The Judicial Administration and Evaluation Committee has been busy working on a number of projects in 2005-06.

One of the main projects has been the revision of the trial and appellate court judicial evaluation forms. Some questions have been reworded and the format has changed. The forms have been given a new name to be more inclusive of all judicial divisions. The trial court form is now titled "Judicial Feedback" and the appellate court form is titled "Appellate Judge Feedback." The name change removes the negative connotations associated with the word "evaluation." The new forms will be available this summer.

Additionally, the committee is working to place the evaluation forms online to be more accessible. The number one concern for this project, besides making it easier for everyone to participate, is maintaining strict security. Various online surveys have been reviewed for security, method, and expense. Use of The Florida Bar Information Systems Department is a consideration.

Promoting the evaluation program continues to be a top priority. Promotional materials about the judicial evaluation program are being compiled and will be distributed at voluntary bar meetings, judges' conferences, and other Bar meetings.

Finally, the committee has been asked to consider how to improve public awareness of the merit retention program and how more information can be provided to voters in order that they may be better informed about the qualifications of merit retention candidates.

I would like to thank my two vice chairs, Susan Kornspan and Ivan Reich, as well as the entire committee for their dedication and hard work.

JUDGE MORRIS SILBERMAN, Chair

Judicial Independence

The Judicial Independence Committee was originally formed in December 2004 as a special committee established by President Kelly Overstreet Johnson. In April 2005, the Board of Governors elevated it to permanent status.

The committee conducted open hearings in June 2005 and September 2005 regarding issues related to the judicial nominating process. After receiving anecdotal information in the form of personal appearances and written materials, the committee in the fall was divided into three subcommittees: education, legislative issues, and issues related to the judicial election process.

In January, the entire committee received input from current and former judges on what they perceive as the greatest problems hampering a fair and impartial judiciary. This information was gathered as a result of work being done by the judicial election process subcommittee.

Because judicial independence encompasses a myriad of areas, the committee will remain flexible and poised to delve into issues when they appear in an effort to gain insight and help formulate means and methods of ensuring the well being of the judicial system. The committee remains dedicated to the separation of powers so that the people of Florida will have proper access to the courts and the benefit of a fair and impartial judicial system.

JESSE H. DINER, Chair

Judicial Nominating Procedures

The Judicial Nominating Procedures Committee has concentrated this year on some continuing projects as well as some new ones. They include:

JNC Application Review: The JNP Committee has worked on this project for the last two years. Input was previously solicited from the JNC commissioners regarding possible revisions to the current judicial application form. Their suggestions were discussed along with input from committee members and a red-lined version of the application was finally sent to all JNC commissioners in February. Committee members will be following up with each commission chair to discuss any comments. Any substantial updates will be discussed and redistributed to the commissioners for further comment. Included with the application is the issue of financial disclosure and what type is best to include with the application. Among the suggestions discussed were inclusion of a copy of their income tax form; a balance sheet; the required Form 1 from the Ethics Commission; a copy of a recent credit report; or any combination thereof. The final document will be considered at a formal rules convention called by at least 25 percent of the commissions. Changes require approval by a majority of representatives from each commission level, i.e., circuit and DCA.

JNC Training: The 2005 JNC training was conducted on September 9 at the Hillsborough County Courthouse. Since no new commissioners were added that year, the focus was on advanced training for the JNC chairs. The JNC chair handbook was updated and distributed as the training materials. At the conclusion of the training, a subcommittee was appointed to review materials for future revisions. Among the areas covered during the training were handling of public records requests, redacting of private information from the public application copy, and the new federal privacy laws.

In 2006, with each JNC having the potential for up to three new members and the legislature ready to create more judgeships, the committee needs to be ready to provide the basic training for the new commissioners in June or July. In addition to the basic training that each new commissioner is required to attend during their first year of appointment, the committee will also consider additional chairs' training and the rules convention to consider the proposed changes to the judicial application form and options for reporting financial information.

Local Rules: The committee requested from each of the 26 JNCs information regarding any local rules their commission may have adopted. Several commissions provided copies of their local rules, and the committee will be reviewing these in order to determine whether new uniform rules should be developed.

The JNP Committee works in conjunction with the governor's office in assisting with the program development and annual training of all JNC commissioners. We continually strive to find and suggest recommendations to improve the judicial nominating process. The committee extends its gratitude to each and every sitting commissioner for their dedication to public service and commitment to a fair, impartial, and independent judiciary.

MANUEL MENENDEZ, JR., Chair

Juvenile Court Rules

Although 2006 was a two-year cycle reporting year for the Juvenile Court Rules Committee, it was also active this year in responding to promulgation of new rules and forms by the Supreme Court and the enactment of new legislation.

On June 30, 2005, the Florida Supreme Court issued an order approving new forms for determination of indigence in civil and criminal cases and also solicited comments from interested parties on the new forms. After receiving an extension of time until after its September 2005 meeting, the committee filed comments with the court advising that it did not believe that the civil indigence form was appropriate for dependency and termination of parental rights cases. A revised form was approved by the committee in January and filed with the court in February. Notable changes included deleting the "notice to applicant" at the top of the form because payment plans do not apply to dependency cases in which there is no filing fee; adding an indication that family size should include children who have been removed from the home; and amending various items to conform to statutory language.

Also on June 30, the Supreme Court adopted juvenile rules and forms to implement F.S. 390.01115, the judicial waiver of parental notice of termination of pregnancy statute. The committee filed comments with the court regarding whose responsibility it is to issue an order if the judge does not act on the minor's petition within 48 hours; the calculation of the 48-hour time period; and the importance of creating a new case and separate file so that the case is not combined with an existing family law or juvenile case, giving the parents access to the material. Oral argument was March 9.

In July 2005, the committee filed a fast track report, proposing amendments to rules and forms to conform to recently enacted legislation. Significant changes included creation of Rule 8.355, Administration of Psychotropic Medication for a Child in Shelter or Foster Care When Parental Consent Has Not Been Obtained, to implement F.S. 39.407(3) and amendment of Rule 8.415 and creation of Form 8.974 to implement F.S. 39.013(2), allowing the court to extend jurisdiction for a child over age 18 in specified circumstances. These amendments were approved by the court on November 17, 2005.

The committee also filed its two-year cycle report with the Supreme Court on January 27, 2006. Many of the amendments were made to conform the rules to statutory changes or to correct cross-references to other rules. An amendment to Fla. R. Juv. P. 8.257 creates a new subdivision (h) stating that general magistrates may not hear shelter hearings under F.S. 39.402 or adjudicatory hearings under F.S. 39.507 and 39.809. The amendment was proposed to the committee by the committee on Family and Children in the Courts.

ALAN ABRAMOWITZ, Chair

Labor and Employment Law Certification

This was the sixth year since the area of labor and employment law was approved for certification by the Florida Supreme Court on March 23, 2000. To date, 190 attorneys have become certified in labor and employment law. Of that group, a total of 103 became certified without examination, having met the examination waiver criteria of 20 years of experience, in addition to the other eligibility requirements. This exemption was available only during the first two years following certification approval. The remaining 87 attorneys qualified for certification through successful completion of the examination as well as meeting the other criteria.

For 2005-06, there were 24 applicants. Of those, 16 sat for the exam on March 10, 2006. As of this writing, the committee had not completed the grading of exams and final application approvals. With fewer applicants this year, the committee devoted its energies to further improving the quality of the examination, particularly the essay portion. The committee held several meetings in addition to the many hours each member spent outside the formal sessions drafting examination questions.

This is also the first year for recertification. There are 119 lawyers who will undergo the recertification process, a new phase in the activities of this committee.

Mindful of the Florida Supreme Court's comments in approving certification for labor employment law, the committee designed the examination to ensure competence in labor and employment law. The examination tested the applicants' knowledge of a broad spectrum of federal and state laws and principles governing the employment relationship, as well as the ability to apply those laws and principles.

The chair is indebted to its committee and our Florida Bar liaison, Michelle Francis, for their tireless efforts during this past year.

GREGORY HEARING, Chair

Law Office Management Advisory Service

Throughout 2005-06, The Florida Bar's Law Office Management Advisory Service, headed by J.R. Phelps, has remained focused on its mission of providing information to all members of the Bar on subjects related to the efficient and effective delivery of legal services, including, but not limited to administrative services; client relations; continuing legal education; financial management, forms of organization, human resources, marketing; office facilities; professionalism; risk management; strategic planning; substantive systems, technology; and trust accounting.

To accomplish this mission, the committee established four goals for the program: Goal 1: investigate, accumulate, and evaluate information, technology, and materials to assist attorneys in the effective management of their practice, while promoting professionalism in all aspects of practice and awareness of risk reduction procedures; Goal 2: present, publish, and disseminate, in a cost-effective manner, information, techniques, and materials to assist lawyers with the effective management of their practice; Goal 3: assist, upon request, individual lawyers and small firms in the evaluation and solution of their management problems; and Goal 4: anticipate and advise The Florida Bar about perceived trends, problems, and developments in the professionalism and practice management areas.

The staff of the Law Office Management Advisory Service has more than 60 years of combined law firm administration and corporate management experience, including individual expertise in such diverse areas as fiduciary management and banking, firm governance, human resources management, and technology implementation and training. In 2005-06, these three practice management advisors (PMA) and administrative assistant handled more than 12,000 telephonic and e-mail questions from Florida Bar members. PMAs do a mix of voluntary, disciplinary, and diversionary on-site consultations across the state. In 2005-06, they conducted close to 100 visits to private law firms, governmental law departments, and corporate legal departments. In 2005-06, LOMAS PMAs also participated in 37 speaking engagements, presenting at numerous venues across the state, ranging from the YLD Practicing with Professionalism seminars to local bar associations, law schools, and other Bar practice section seminars. PMAs were featured speakers in out-of-state venues as well, including the ALA and ABA's practice management seminars.

In 1980, LOMAS was the first program of its kind in the nation. Thanks in part to this committee's guidance, but more importantly because of the efforts of LOMAS Director J.R. Phelps and his staff, The Florida Bar's Law Office Management Advisory Service was the role model for 20 other states. Twenty-six years later, LOMAS continues to be the national leader, as it provides all members of The Florida Bar with information, techniques, and materials to assist lawyers with effective firm management. To highlight this commitment, visit the LOMAS Web site at www.floridabar. org, under member services to find, in addition to information regarding the various services and programs from LOMAS, 115 sample administrative forms which can be downloaded in either Word or WordPerfect format.

My personal thanks to every member of the committee for their service, Judge Walter J. Crumbley for his mentoring during his long running tenure as chair of this committee, and to J.R. Phelps for his dedication to LOMAS and The Florida Bar.

RAFAEL GONZALEZ, Chair

Law-related Education

In light of a recent poll conducted by Harris Interactive for The Florida Bar in which only 59 percent of Florida adults could correctly identify the three branches of government, the Bar has embarked on a new campaign to advocate greater public awareness of civics and to promote civic education. Members of the Law-related Education Committee are assisting with this campaign through new activities designed to broaden public knowledge of the need for and benefits of civics education by working with local school boards, disseminating information to local media outlets, and increasing efforts to speak to local community associations about the importance of civics education. We encourage all Bar members to become involved in these efforts to promote greater understanding of our system of government.

The Law-related Education Committee is also continuing its efforts to reach students in the classroom by assisting lawyers and judges with classroom presentations. New creative ideas were learned at last year's annual meeting when the committee sponsored "No More Talking Heads: A Guide to Effective Classroom Presentations." Florida Supreme Court Justice R. Fred Lewis and Florida Law-related Education Association Executive Director Annette Boyd Pitts presented entertaining, informative, and thought-provoking methods for speaking to students of all ages about the legal system, the need for an independent judiciary, and the constitutional system of checks and balances.

The committee is looking at new ways of promoting law-related education, including new classroom programs based on the Legal Guide for New Adults, shadow programs in which high school students see the day-to-day activities of lawyers and judges, and developing a program in which students can explore legal issues in popular films. In addition, the committee is working on articles for a special issue of The Florida Bar Journal spotlighting law-related education.

The committee is also building on its past successes in working with the Florida Law-related Education Association and once again assisted with the statewide mock trial competition as coaches and judges. Other committee members worked with the new high school appellate competition, created by Florida Supreme Court Chief Justice Barbara Pariente and overwhelmingly supported by the Young Lawyers Division.

Finally, the committee has continued its tradition of participating in numerous state and local Law Week activities. The 2006 theme, Separate Branches--Balanced Powers, was a perfect fit for the committee in its continuing mission to educate students about the justice system and each citizen's role within the system.

SONYA H. HOENER, Chair

Lawyer Referral Service

The Florida Bar Lawyer Referral Service had a very productive year. The service made 135,000 referrals (19,239 of those were made on LRS online) and collected $126,600 in dues revenue and $683,154 in remittance fee revenue.

The top five counties for referrals were Dade, Polk, Marion, Volusia, and Sarasota counties. The top five referral areas were family law, real estate law, consumer law, personal injury law, and labor law.

The staff of the lawyer referral service continued to work with the Bar's information systems department on establishing an online service membership application in addition to creating a monthly report and a weekly referral service slip faxing component.

The committee studied the subject matter/experience panel information from the ABA and developed drafts of panel applications for family law, medical malpractice, criminal law, personal injury, and consumer law. The committee reviewed the panel applications in January and decided to table the applications. The applications will be reviewed in June.

The Broward County Bar Association Lawyer Referral Service submitted a proposal requesting coverage of Miami-Dade County. The committee approved the request and submitted the proposal to The Florida Bar Board of Governors' Program Evaluation Committee which approved it with later approval by The Florida Bar Board of Governors. The staff will work with the staff of the Broward County Bar Association to ensure a smooth transition. The Broward County Bar Association will begin making referrals for Miami-Dade County on October 1, 2006.

ANTHONY V. SCALESE, Chair

Marital and Family Law Certification

As my unprecedented third term as chair and sixth year as a member of the Marital and Family Law Certification Committee come to an end, I am extremely grateful for the lasting friendships formed among all committee members during my years of service, the extraordinary cooperation and contributions received from our liaison Cherie Morgan and from Dawna Bicknell, director of Legal Specialization and Education for The Florida Bar, and the support we received from the Board of Legal Specialization and Education for our attempts to expand the ranks of certified marital and family lawyers.

During the past years, the exam has been shortened, streamlined, and made more straightforward. Our methodology of grading has been standardized to continue ensuring fair and equal treatment. We have received permission to provide sample questions and answers to applicants, together with a more detailed explanation of grading. As chair, I spoke this year to approximately 750 people at the Family Law Section's Family Law Review Course to encourage the attendees to apply for certification. In addition, my partner, Scott Rubin, who is a former chair of this committee and its exam consultant for the past three years, and I were the featured speakers at the "Cert Dessert" where exam applicants were, for the first time, told in advance about the format of the exam, given the sample questions and answers, and heard an explanation of the grading procedures. All of the attendees were appreciative to receive this information in advance of the exam.

As was decided by the committee last year, an entirely new exam was prepared this year. That means that 60 objective questions and four essay questions (including the pass/fail ethics essay) were composed, answered, checked, and double-checked. In addition, the committee had to review the largest ever number of applications, since three "classes" of lawyers were up for recertification this year in addition to the new applicants.

Along with the promotion of the certification program, our committee promoted certification at other CLE programs provided by The Florida Bar and the American Academy of Matrimonial Lawyers. As chair, I also appeared on public service television programs explaining to the public the benefits of retaining a board certified marital and family lawyer.

Our committee continued with its pledge to follow the admonitions of Chief Justice Barbara Pariente to stress the needs of children. Our peer review form requests judges and attorneys to evaluate an applicant's consideration of the needs of children in marital and family law litigation. We have submitted to the Board of Legal Specialization and Education proposed rule changes which would reduce the number of contested trials required of an applicant in recognition that there is far less economic and emotional impact on children whose parents' cases are resolved through settlement, mediation, or other alternate dispute resolution mechanisms. Another submitted change would allow attendance at an approved trial advocacy workshop to substitute for one of the required trials.

My report would not be complete without recognition of the outstanding contributions made by my vice chair, Magistrate Diane Kirigin, who worked tirelessly on every task assigned to her and volunteered for more. Finally, I am so pleased that David Garfinkel has returned to the committee. He has been an invaluable addition and I hope that he will move into a leadership position next year.

While I end my term with a little sadness that I will no longer be an official part of such a rewarding committee, I leave knowing it is in good hands. I will always be available should my help be needed. I will be joining the executive council of the Family Law Section where I intend to continue working to ensure that all qualified candidates for marital and family law certification step up to the plate and apply.

TERRY L. FOGEL, Chair

Media and Communications Law

The Media and Communications Law Committee provides educational programming for members of The Florida Bar and the public on a wide range of topics including free speech, access to government and court records, the reporter's privilege, and the state and federal court systems.

In December 2005, the Media Law Committee presented its 16th Annual Reporters' Workshop, held at the Supreme Court and The Florida Bar. The workshop introduced 21 new Florida reporters to the state and federal court systems and offered guidance on how to find and investigate stories and how to gain access to public records. This spring, the Media Law Committee partnered with Stetson University College of Law to organize and present the media law conference, "Privacy, Publicity and Privilege." Throughout the year, the committee worked with the Florida First Amendment Foundation to lead Sunshine Seminars on the reporter's privilege and newsgathering. On June 23, 2006, the Media Law Committee will present its First Amendment seminar at the Bar's annual convention in Boca Raton.

In addition to these events, the committee presented its annual media law awards, which recognize news media that has made a significant effort to inform the public about the delivery or quality of justice. The committee also updated its Reporter's Handbook, an online resource that provides reporters, attorneys, and the general public with information regarding a wide variety of topics, including state and federal sunshine laws, access to courts and court records, defamation, and invasion of privacy.

The Media Law Committee filed with the Supreme Court comments on the recommendations of the court's privacy and court records committee.

D. PATRICIA WALLACE, Chair

Member Benefits

The 2005-2006 Member Benefits Committee continued to search for new programs for Florida Bar members and to review existing ones. The focus was on insurance programs, communication to Bar members, and technological advances.

Last year the Bar implemented free basic online legal research services to all members through the legal research firm, Fastcase. This year the committee monitored the progress of the program, and I am happy to report that, in the words of many of our young lawyers, "Fastcase rocks." This is evidenced by the fact that from June 2005 through March 2006, 8,176 members of the Bar used Fastcase with approximately 80,000 transactions. The committee would like to stress that all Florida Bar members should become familiar with Fastcase by logging on to the Bar's Web site and clicking the Fastcase icon. The committee looks forward to any comments concerning the service.

Insurance opportunities continue to be an important focus, and a search for better health coverage is a constant challenge. The committee considers this a constant work in progress for a real need of Florida lawyers and their families. Discussions have continued in seeking to improve professional liability coverage.

New benefits instituted this year also include discount computer/software programs through Dell and Corel, automobile insurance discounts with Geico, and automobile rental discounts with all major companies, as well as computerized legal research with LexisNexis, office products with Pennywise, and financial services with MBNA.

LexisNexis, Geico, and Fastcase participate in our annual convention with the exhibits and sponsorships.

The committee will continue to monitor the Fastcase program and to search for new and better benefits for all members.

FRANK C. WALKER, Chair

Member Outreach

Looking beyond gender and race, focusing on inclusion and alleviation of apathy within the membership, the Member Outreach Committee is charged with increasing the participation of all Florida Bar members in activities, sections, committees, and voluntary bars while developing ways to increase the number of diverse and inclusive participants in these areas.

Functioning as a special committee following the 2004 Diversity Symposium, member outreach actively reviewed the "Diversity in the Legal Profession Final Report and Recommendations" to advise the Board of Governors on the status of its implementation. Continual analysis of the report has been the primary focus of the committee, which became a standing committee this year. Sections of the report identified critical areas for improvement within the legal profession: diversity in legal education, legal employment, the Bar, and the judiciary.

Committees, sections, department, and affiliates have been asked by the committee to collaborate to achieve the goals outlined in the report. Status reports have been issued to detail the work of each group. Some of the recommendations have been considered by member outreach; others require further analysis; and still others cannot be addressed without policy changes. The committee partners with the Equal Opportunities Law Section, the Young Lawyers Division, voluntary bar associations, law firms, and law schools on various activities and works with the Equal Opportunities Law Section in planning and funding the annual diversity symposium and other diversity initiatives.

In September 2004, a position was created to staff the Member Outreach Committee and serve as coordinator of the diversity symposium. This coordinator collaborates with staff liaisons, section and committee chairs, and voluntary bar associations to communicate upcoming programs, events and Member Outreach Committee activities. In addition, the coordinator regularly compiles a status report on Bar activities that are focused to increase diversity in the legal profession.

Since 2004, there have been two diversity symposia. The first symposium on diversity was organized by the Equal Opportunities Law Section and held in April 2004 at the St. Thomas University College of Law in Miami. It was attended by 80 members of the legal profession. From this inaugural symposium, the "Diversity in the Legal Profession Final Report and Recommendations" was generated, outlining critical areas of need for an increase in inclusion and diversity. The program involved drafting a definition of diversity, identifying areas where efforts toward diversity could be made, and creating recommendations for resolving challenges in achieving diversity.

The 2005 symposium was held at the Tampa Stetson College of Law Center and was attended by 162 Bar members, law students, and others affiliated with the legal profession. The presence of the chief justice and other leaders of the bench and bar was outstanding, showing a commitment to the issue of diversity from every perspective. The event focused on the critical area of diversity in legal employment, using the prompts from the first symposium as a guide. The event provided a platform for interactive dialogue between corporate entities, law firms, attorneys, and judges on the benefits of a diverse workforce in the legal profession. Highlights were placed on diversity as a critical component for competitiveness in Florida, which continues to increase in all categories of diversity--racial, ethnic, gender, lifestyle, and ability.

The 2006 Diversity Symposium was held at the Florida A & M University College of Law in Orlando on April 27-28, with the theme of "A Progress Report on Diversity in Florida's Legal Profession. "Veteran civil rights attorney Fred Gray was keynote speaker. Attendance at the 2006 symposium was expected to reach 200. The objective of this year's symposium was to reflect upon the progress that has been made since the inaugural symposium, highlighting actions in the areas of education, employment, the judiciary, and in leadership opportunities. Among other things, the symposium gave members of the profession an opportunity to assess the Bar and its leadership on efforts toward diversity.

Another activity supported by the committee is the annual October minority mentoring picnic in Miami. This event, organized by attorney John Kozyak, matched minority law students with mentors at varying stages of their legal careers. The event served as a reminder of the importance networking has on the future of law students and their legal aspirations. The Florida Bar cosponsored the picnic along with more than 40 law firms, judges, and voluntary bar associations.

A successful initiative that came out of the Membership Outreach Committee in 2005-2006 was the development of a "master calendar" of bar events around the state on the Bar's Web site. The calendar contains listings of all Florida Bar and voluntary bar events, including all minority bar associations, around the state. This calendar encourages communication and enhanced relationships between The Florida Bar and the voluntary bars, particularly the minority bar associations.

Additionally, the committee will continue to gather information from other state bars and the ABA for a resource database as well as materials highlighting all activities focused on diversity in Florida's legal profession.

The Member Outreach Committee will continue its persistent effort to make diversity a core value of The Florida Bar.

HANK COXE, Chair

Military Affairs

The United States remains at war, in a struggle with ideologies few understand, while most citizens, residents, and visitors in Florida are able to continue to live normal daily lives. The Military Affairs Committee works to provide legal security to those who have answered the call to serve in uniform to maintain our nation's freedom and safety, and our way of life.

The scope and function of the committee is to 1) "Gather and disseminate information, share expertise, and advise the members of The Florida Bar on all matters relating to the practice of military law in Florida"; and 2) "To serve as the link between The Florida Bar and active duty, reserve, National Guard, and retired military attorneys within Florida."

This past year, the committee has worked with the legal assistance providers of each of the Armed Forces' judge advocates to publish e-lists of Florida attorneys, over 200 in number, who volunteer their time and expertise to mentor active duty military attorneys. This program greatly improves the level of legal advice available to active duty service members throughout the world. The project, named Operation Stand-by is, of course, also available to their dependents at home. The volunteers include former military lawyers, reserve and guard judge advocates who are not on active duty, and private and governmental attorneys with no direct connection to the military who want to take the opportunity to help our servicemen and servicewomen in this time of international strife. The committee has produced this list in booklet form for use at military legal offices for many years. The lists are now available to legal assistance officers, anywhere, on the Air Force FLITE system, the Army's JAGCNET and Navy and Marine Corps Judge Advocate Web pages, as well as the Coast Guard Legal Web site.

The committee members are volunteers and include active duty Judge Advocates, Reserve and National Guard JAGs, members of large and small law firms, and several sole practitioners. Membership on the committee is open to any Florida Bar member with an interest in furthering the ability of our profession to assist members of the Armed Forces of the United States, active members of the reserve components, retired me