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Fla. R. Crim. P. 3.113

Minimum Standards for Attorneys in Felony Cases

activein force · 2026-07-13 – presentact-effective-date

Before an attorney may participate as counsel of record in the

circuit court for any adult felony case, including postconviction

proceedings before the trial court, the attorney must complete a

course, approved by The Florida Bar for continuing legal education

credits, of at least 100 minutes and covering the legal and ethical

obligations of discovery in a criminal case, including the

requirements of rule 3.220, and the principles established in Brady

v. Maryland, 373 U.S. 83 (1963) and Giglio v. United States, 405

U.S. 150 (1972).

Criminal Court Steering Committee Commentary

2014 Adoption. The Supreme Court has exclusive jurisdiction

under Article V, section 15 of the Florida Constitution to “regulate

the admission of persons to the practice of law and the discipline of

persons admitted.” Implied in this grant of authority is the power to

set minimum requirements for the admission to practice law, see In

re Florida Board of Bar Examiners, 353 So. 2d 98 (Fla. 1977), as

well as minimum requirements for certain kinds of specialized legal

work. The Supreme Court has adopted minimum educational and

experience requirements for attorneys in capital cases, see, e.g.,

rule 3.112, and for board certification in other specialized fields of

law.

The concept of a two-hour continuing legal education (CLE)

requirement was proposed in the 2012 Final Report of the Florida

Innocence Commission.

The CLE requirement is not intended to establish any

independent legal rights. Any claim of ineffective assistance of

counsel will be controlled by Strickland v. Washington, 466 U.S. 668

(1984).

It is intended that The Florida Prosecuting Attorneys

Association and The Florida Public Defender Association will

develop a seminar that will be approved for CLE credit by The

Florida Bar. It is also intended that attorneys will be able to

electronically access that seminar, at no cost, via The Florida Bar’s

website, the Florida Prosecuting Attorneys Association’s website,

and/or the Florida Public Defender Association’s website.

The rule is not intended to apply to counsel of record in direct

or collateral adult felony appeals.

Provenance

Source
floridabar.org
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
568a0381817930210337525ce0935ec74c564b9806e2efe80ec714216b0836cb
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