Rule 6-25.3 Minimum Standards
6-25. Standards for Board Certification in State and Federal Government and Administrative Practice
Rule Text
(a) Minimum Period of Practice. The applicant must have been engaged in a state or federal government and administrative practice for at least 5 years preceding the application date. The years of law practice need not be consecutive.
(b) Substantial Involvement. The applicant must demonstrate substantial involvement in the practice of Florida and federal government and administrative law practice during the 3 years immediately preceding the application date. The board of legal specialization and education may waive the requirement that the 3 years be immediately preceding the application date for good cause shown at the applicant’s request and if recommended by the state and federal government and administrative practice certification committee. Substantial involvement means the applicant has devoted 40 percent or more of the applicant’s practice to matters in which issues of Florida and federal government and administrative law are significant factors and in which the applicant had substantial and direct participation in those Florida and federal government and administrative law matters. Experience working on matters exclusively involving city, county, and local government law (such as code enforcement, municipal financing and licensing, local referenda, ordinances, and zoning) does not constitute practical experience for purposes of obtaining state and federal government and administrative practice certification. The applicant must furnish information concerning the frequency of the applicant’s work and the nature of the issues involved. Time devoted to lecturing or authoring books or articles on administrative law substitutes for the practice of law if the applicant was engaged in the practice of law during that time period. Demonstration of compliance with this requirement is made initially through a form of questionnaire approved by the state and federal government and administrative practice certification committee but written or oral supplementation may be required.
(c) Peer Review. The applicant must submit the names and addresses of 5 individuals, at least 4 of whom are lawyers and 1 of whom is a federal, state, or administrative law judge before whom the applicant has appeared within the 5 years immediately preceding application to complete peer review forms. Individuals who currently practice in the applicant’s law firm or government entity or are relatives of the applicant may not be used as references. The applicant may provide the name and address of the head of a government entity or a member of a collegial board that serves as the head of a government entity in lieu of a judicial reference if the applicant has advised or appeared before the person within the 5 years immediately preceding application.
Administrative law judges or hearing officers applying for certification may offer the reference of a lawyer who has appeared before them more than once, or, if appropriate, the reference of the chief administrative law judge or hearing officer. In all cases, at least 2 of the lawyer references must be members of The Florida Bar, and at least one of them must devote at least 40 percent or more of their practice to matters involving issues of Florida and federal government and administrative law. The board of legal specialization and education and the state and federal government and administrative practice certification committee may authorize references from nonlawyers.
(d) Education. The applicant must complete at least 50 hours of the continuing legal education requirements in state and federal government and administrative practice during the 3-year period immediately preceding the application date as established by the board of legal specialization and education.
(e) Examination. The applicant must pass an examination applied uniformly to all applicants to demonstrate sufficient knowledge, proficiency, and experience in state and federal government and administrative practice to justify the representation of special competence to the legal profession and the public. Added July 6, 2006, effective August 1, 2006, (SC06 1269), (933 So.2d 1123); amended and effective December 4, 2020 by The Florida Bar Board of Governors; amended and effective March 28, 2025 by The Florida Bar Board of Governors.