Navigating Florida’s CLE Rules

CLE Basics in the State of Florida

Continuing Legal Education (CLE) is a critical part of the legal profession in Florida and the United States. CLE is a term used to describe a wide variety of ongoing educational activities that help attorneys maintain their professional competence. The Florida Bar’s Goals and Roles policy statement recognizes CLE as part of the Bar’s role in regard to lawyers, clarifying that one aspect is the "protection of the public through the regulation of the competence and ethics of its members." Continuing legal education programs and continuing professional education programs help achieve the purpose of availability of competent representation by offering support for lawyers through knowledge of changes in local, state and federal laws, rules and more.
The Florida Supreme Court adopted Bar Rule 6-10 in January 1974. It authorized the Florida Supreme Court to require continuing legal education (CLE) for members of The Florida Bar, pursuant to Section 6, Article V, Florida Constitution . In 1983 the rule was amended to include CLE requirements for the Supreme Court, the district court of appeal, circuit judges and county judges. This rule was also amended to provide standards for the accreditation of CLE courses and reporting requirements for compliance with the rule. The 1983 amendment resulted in the creation of the Professional Development Committee and the program we know today as Professional Development CLE.
The Florida Bar’s Division of Legal Education and Admission to the Bar monitors compliance with the Florida Supreme Court’s continuing education requirement under rule 6-10. Many have also heard this referred to as Mandatory Continuing Legal Education (MCLE). However, in 2006, in an effort to eliminate confusion the Florida Supreme Court and Bar agreed to update the terminology so MCLE is now appropriately assigned to the mandatory continuing education requirements of non-attorney members of the Florida Bar while the term CLE can refer to the program as a whole.

Required CLE Credits in Florida

Under the rules at the time of this writing, to maintain active status and retain the privilege to practice law in Florida, practitioners are required to complete 33 credits during each three-year reporting cycle. This includes both General and Ethics credits. The Florida Bar establishes each attorney’s CLE reporting cycle based on their last name, with attorneys with last names A-C reporting first, D-G second, H-M third, N-S fourth, and T-Z last.
Of the 33 credits, 20 may be self-study courses, including audio and video courses, as well as read and reflects, which allows the attorney to receive credit by reading a book or published article that has been approved by The Florida Bar. Out of the required 20, attorneys must take at least 5 credits of live interactive courses, which present the opportunity to interact with the course faculty. The professionals at HalfMoon Education offer a plethora of these getting started courses, as well as many "must have" estate planning and elder-focused courses.
Additionally, at least three ethics credits are required per three years including, among other things, topics related to professionalism, bias in the profession, social media and FL Bar ethics opinions. Aside from the live interactive courses (which can also count as general or self-study courses), selected by attorneys under Section 6-10.3(b)(1), remaining credits can be earned through numerous options, including live seminars, webcasts, CDs or DVDs, audio courses, podcasts, and webinars, and subject to the 20 self-study maximum, read and reflects. There are also two days of skills training courses recognized by the Florida Bar as approved courses.
(Keep in mind, the general rule is that attorneys cannot carry over credits from one reporting cycle to the next. However, there are some exceptions, including a hardship provision if you cannot earn the required number of credits during the course of your reporting cycle due to illness, medical condition or other good cause.)
Take full advantage of these opportunities so you may fully comply with the requirements of the CLE reporting cycle.

Staying on Top of Your CLE Requirements

In keeping with the Florida Bar mandated CLE rules, for those attorneys who enjoy working with a notepad and pen, there is a spreadsheet available for download which can help you track the hours you have taken over the course of the Bar year.
However, we are now living in a world where things move even faster, including our technology. As a result, there are many official sites from the Bar and other sources where you can maintain your CLE record. The official site, maintained by The Florida Bar, is fully functional and updated regularly. It can provide you a list of your credits and the status of your courses, whether they have been approved or denied, etc. It also contains details about your status, such as when your CLE deadline is and your birthdate if your account is active.
Outside of the bar are other options, one of which is a personal favorite online source, MyCLE, which helps you keep track of your CLE deadlines, timing, and status of your courses. There are other sites as well, many of which you can customize and enter your information into; they will then calculate how many credits you still need and whether you are up to date.

Exemptions and Extensions for CLE

While the vast majority of Florida attorneys who have been practicing for more than three years will have to complete at least some Minimum Continuing Legal Education (MCLE) every three-year compliance period, there are a few exemptions and extensions of MCLE deadlines available. Generally, these are limited in availability.
Attorneys who are or were: (a) on active duty in the U.S. military and outside Florida; (b) totally and permanently disabled or age 70 or older; (c) serving either on full time active duty for military service or in the Foreign Service of the United States; (d) retired or inactive members of the Florida Bar and not otherwise practicing law in Florida; (e) permanently filing proof of an illness; (f) on official leave of absence for at least five consecutive years, and not engaged in the practice of law in Florida during that time; (g) pursuing a clerking program approved by the chief justice; (h) serving at the time of their deadline in either of the last two years of a last active duty tour of at least 365 days and not otherwise practicing law; (i) a former member of the Florida Bar who was an active member for at least 10 years and who became permanently incapacitated through injury or illness before October 1, 2005, but was not a member of the Bar on October 1, 2004, and who has not engaged in the practice of law in Florida since December 31, 2004; (j) living outside the USA for at least 12 months and not engaging in the practice of law in Florida . A person who qualifies for an exemption in (a) through (j) need only notify The Florida Bar by submitting the correct form and documents.
If you don’t qualify for those exemptions, but do have other compelling reasons that you should not be penalized for failing to complete your MCLE requirements, you can apply for an extension of your compliance deadline by completing and filing a request form with The Florida Bar. Extensions may be granted if the attorney: (a) had less than 30 days to complete his or her requirements at the onset of said illness, injury, etc.; (b) suffered the illness, injury, etc., during the course of an illness of a close family member who was in the process of dying; (c) had a close family member suffer an illness or injury, etc., that prevented the attorney from completing his or her requirements; (d) has experienced an unforeseen and unavoidable event which has caused a substantial hardship that negatively impacts the attorney’s ability to complete his or her requirements in a timely manner.
Supporting documentation of any possible grounds for extension must be provided on a timely basis. A doctor’s note should be included in a claim of personal illness or injury. In case of serious illness of a close friend or family member, a note from that person’s physician detailing the circumstances should be submitted with the application. Careful documentation will, of course, be requested in all cases.

Failure to Meet CLE Requirements

If a Florida attorney does not fulfill the CLE requirements, they could face penalties including an administrative fee, suspension of their license, and ultimately disbarment from The Florida Bar. If the attorney does not comply with the CLE requirements by the end of the last period of continuing legal education as it appears on the transcript provided by The Florida Bar, they will be placed on the Inactive List. An attorney on the Inactive List remains eligible to apply to The Florida Bar for re-admittance, as long as it is done before the attorney is disbarred.
If beyond the Inactive List, no application for approval to make up the missing hours is submitted, the attorney can be disbarred. An attorney who is disbarred may only be reinstated after compliance with all the CLE requirement has been met. If the attorney has not complied within 25 months, they must take and pass the exam to be admitted to The Florida Bar again.
Clearly it is important to keep track of when your CLE is due, as well as what you already have completed.

Tips for Meeting Your CLE Obligations

To effectively meet CLE requirements, attorneys should view their professional development as an ongoing process rather than a series of check-boxes. Here are some practical strategies for effective CLE:

Set a learning plan. Each attorney can develop a personal learning plan that complements their work schedule, knowledge gaps and professional goals. This may include specific areas of the law to cover, preferred course formats, and time commitments.
Embrace your style. There are many ways to complete your CLE requirements, including live courses, webinars, or self-study options. Think about how you prefer to learn and seek out learning opportunities that fit your needs.
Stay organized. Tracking your CLE hours can be made simpler by using apps and online platforms that keep track of details—including the credit hours earned , certificates received, and compliance deadlines. Also, many states have websites or portals to aid in CLE tracking.
Get ahead. Most jurisdictions allow attorneys to roll over excess CLE credits from one reporting period to the next. If you can, consider completing credits ahead of time to avoid a credit crunch.
Use digestible bits of time. Some CLE providers break their courses down into smaller segments that can be completed in relatively short time. With a little creativity, attorneys can find small windows throughout their week to earn credit.
Collaborate. If you can find a colleague with whom you regularly collaborate, you can dedicate a regular time to watch a CLE webinar together during lunch. As well, you might be able to share costs on offerings that require a fee.