SC09-250 – In Re: Revisions To Simplified Forms Pursuant To Rule 10-2.1(A) Of The Rules Regulating The Florida Bar

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State: Florida

Court: Supreme Court

Docket No: SC09-250

Case Date: 04/15/2010

Preview:Supreme Court of Florida
____________ No. SC09-250 ____________

IN RE: REVISIONS TO SIMPLIFIED FORMS PURSUANT TO RULE 102.1(A) OF THE RULES REGULATING THE FLORIDA BAR. [April 15, 2010] PER CURIAM. Under Rule Regulating the Florida Bar 10-2.1(a), Unlicensed Practice of Law, nonlawyers may assist persons in filling out legal forms approved by the Florida Supreme Court. Since the implementation of this rule in 1987, The Florida Bar has developed, and the Court has approved, simplified forms for use by nonlawyers assisting third parties.1 The Board of Governors of The Florida Bar has filed a petition recommending amendments to several residential lease forms and the deletion of two residential lease forms formerly approved by the Court for use by nonlawyers. The Board explains that the Real Property, Probate, and Trust

1. See Fla. Bar re Revisions to Simplified Forms, 774 So. 2d 611 (Fla. 2000); Fla. Bar re Revisions to Simplified Forms, 773 So. 2d 1062 (Fla. 1998).

Law Section of The Florida Bar proposed the amendments to the Board after seeking input from the Florida Association of Realtors and the Housing Group of Florida Legal Services, Inc. Some of the amendments reflect statutory changes. Official notice of the filing of the forms with the Court was published in The Florida Bar News on January 1, 2009. We hereby approve the amendments to the following forms as shown in the appendix to this opinion: (1) Residential Lease for Single Family Home and Duplex (for a term not to exceed one year); (2) Residential Lease for Apartment or Unit in Multi-Family Rental Housing (Other than a Duplex) Including a Mobile Home (for a term not to exceed one year); and (3) Residential Landlord-Tenant Forms. Added language is underlined and deleted language is struck through. We express no opinion as to whether the approved lease forms comport with current law. In addition to the forms, The Florida Bar has prepared instructions to accompany some of the forms. While we authorize the publication of the instructions, we do not express an opinion on their legal correctness. Because local procedures may vary from circuit to circuit, the chief judge of each circuit is authorized to prepare supplemental directions for using forms. All such directions shall be filed with the clerks of the court in the circuits and with the clerk of this Court.

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Finally, as recommended by the Board, we delete the following two forms: (1) Residential Lease for Unit in Condominium or Cooperative (for a term not to exceed one year) and (2) Residential Lease for Single Family Home and Duplex (for a term not to exceed one year) 1992 version. Accordingly, and upon consideration of the proposed revisions, we adopt same and approve the attached lease forms, effective upon the release of this opinion. It is so ordered. QUINCE, C.J., and PARIENTE, LEWIS, CANADY, POLSTON, LABARGA, and PERRY, JJ., concur. NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION, AND IF FILED, DETERMINED. Original Proceeding

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