§ 2.02 Areas of Certification

2.02. Areas of Certification

    (a) Supreme Court Approval. Each area of certification must be approved by the Supreme Court of Florida.

    (b) Approved Areas. The areas of certification include: tax (7/1/82); civil trial (7/1/82); marital and family law (7/1/84); wills, trusts and estates (7/1/85), criminal law (trial and appellate) (7/1/86); real estate (7/1/86); workers' compensation (7/1/87); appellate practice (7/1/93); health law (9/1/94); immigration and nationality law (9/1/94); admiralty and maritime (7/20/95); aviation (7/20/95); business litigation (7/20/95); and city, county and local government (7/20/95); elder law (7/17/97); international law (12/18/97); antitrust and trade regulation (3/23/00); labor and employment law (3/23/00); construction law (5/20/ 04); intellectual property law (8/1/06); and, state and federal government and administrative practice (8/1/06.)

    (c) Amendments to Area Standards. Each certification committee, in accordance with the Rules Regulating The Florida Bar, has the responsibility to recommend to the BLSE criteria for certification including, but not limited to, amendments to area standards. Prior to referral to the BLSE, any amendment(s) to area standards shall first be provided to the relevant bar section, division, and substantive law committee with an invitation to comment. A 45-day response time shall be suggested; however, reasonable accommodations to extend such period shall be permitted to ensure a substantive review. Bar section, division, and substantive law committee input shall not be construed as a means to veto proposed changes, but merely to allow all those who have expertise in a given field to offer substantive comment to ensure the continued maintenance of reasonable and uniform standards concerning education, experience, proficiency, and professionalism.

    (d) Area Evaluation. The BLSE, along with each area certification committee, shall aspire to reach a 75-member threshold in each certification area upon completion of the third application cycle. An area that does not demonstrate this level of participation shall be subject to evaluation by BLSE. Such evaluation shall include, but not be limited to, consideration of:

        (1) the benefit of the area's existence for both the public and the profession;

        (2) existing requirements to ensure they reflect practice standards common to the practice area and are attainable;

        (3) exam statistics and the relative difficulty of passage in comparison to overall program average;

        (4) the extent to which efforts have been made to stimulate participation;

        (5) costs associated with administration; and

        (6) the level of interest among those certified in certification committee service.

    (e) Evaluation Results. The BLSE shall prepare a written report within 3 months of completing its evaluation, detailing its findings and recommendations for submission to the board of governors.