Attorney License Requirements

How does Florida regulate and authorize licenses?   

A “license” to regulate professions and occupations means any permit, registration, certificate, or license issued in Florida. An occupational license is a privilege accorded by the state or its subdivisions to conduct a business at a particular location and is not a property right protected by substantive due process; the denial of such license does not prevent the business owner from pursuing a lawful occupation but merely stops the business from operating at a particular location. Ammons v. Okeechobee County, 710 So. 2d 641 (Fla. 4th DCA 1998).  

On July 1, 2021, the Florida Legislature passed Section 163.211 into law, which prevents any county, municipality, or other political subdivision of Florida from implementing additional licensing requirements for most occupations. Therefore, a prospective applicant only needs to satisfy state statutory requirements. 

Need help receiving, renewing, or defending your license? Schedule your consultation today with a top administrative law and licensing attorney.  

Which laws and regulations apply to attorney licenses in Florida?  

In Florida, the regulation of attorney licenses falls under the jurisdiction of the Florida Supreme Court, which delegates the authority to the Florida Bar to oversee the licensing process. The Florida Bar, in turn, operates under the rules outlined in the Rules Regulating the Florida Bar. Additionally, the Florida Constitution grants the Florida Supreme Court exclusive jurisdiction over the admission of attorneys to practice law in the state. 

As part of the attorney licensing process, the Rules of the Supreme Court Relating to Admissions to the Bar govern the application process and requirements for licensure. These rules outline the necessary educational qualifications, character and fitness assessments, and the passing of the Florida Bar Examination. Furthermore, the Florida Statutes Chapter 454 also addresses the regulation of attorney licenses in the state, detailing the scope of practice and various penalties for non-compliance. 

What are the application and retention requirements for attorney licenses in Florida? 

Application Requirements:

To apply for an attorney license in Florida, an applicant must fulfill several criteria. First, they must obtain a Juris Doctor (J.D.) degree from an American Bar Association (ABA)-approved law school. Second, applicants must demonstrate their character and fitness by undergoing a thorough background investigation conducted by the Florida Board of Bar Examiners. Third, applicants must pass the Florida Bar Examination, which consists of the Multi-State and Florida Bar Examination and the Multi-state Professional Responsibility Examination (MPRE). 

Retention Requirements: 

To maintain their attorney license, lawyers in Florida must comply with specific requirements. First, they must adhere to the Rules Regulating the Florida Bar, which encompasses ethical standards, rules of professional conduct, and disciplinary procedures. Additionally, attorneys must complete Continuing Legal Education (CLE) requirements every three years, including a minimum of 33 credit hours and at least five hours in ethics, professionalism, mental illness awareness, or substance abuse programming. Failure to meet these requirements can result in disciplinary action, including suspension or revocation of the attorney’s license to practice law in Florida. 

To determine whether you meet the requirements for an attorney license, please contact our office to set up your initial consultation. 

Can the Florida Supreme Court’s license decision be appealed?  

Yes, the Florida Supreme Court’s attorney license decision is appealable. An applicant denied admission to the Florida Bar by the Florida Supreme Court may file a petition for review, as authorized by the Rules of the Supreme Court Relating to Admissions to the Bar (Rules). Specifically, Rule 3-40 outlines the process for petitioning the Court for a review of the adverse decision. 

An applicant seeking to appeal the decision must file a petition for review with the Clerk of the Supreme Court within 60 days of the date the Court entered the order denying admission. The petition must contain a concise statement of why the applicant believes the Court’s decision was incorrect and merits reversal. 

Upon receiving the petition, the Supreme Court may request a response from the Florida Board of Bar Examiners or take any other appropriate action. The Court may then either grant or deny the petition. If they grant the petition, the Court may reverse the decision or remand the matter to the Board for further proceedings. If the Court denies the petition, the applicant may not reapply for admission to the Florida Bar for two years from the date of the denial unless the Court provides otherwise in its order. 

Have more questions about a professional licensing-related situation?  

Crucially, this overview of attorney licenses does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances. 

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively. 

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain a tireless advocate every step of the way. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant. 

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to set up a consultation.