Rule 6-16.3 - MINIMUM STANDARDS(a) Minimum Period of Practice. The applicant must have at least 5 years of the practice of law immediately preceding application, of which at least 30 percent has been spent in active participation in business litigation. The practice of law which otherwise satisfies these standards, but which is on a part-time basis, will satisfy this requirement.(b) Minimum Number of Matters. The applicant must have had substantial involvement in 25 contested business litigation matters during the 5-year period immediately preceding application. These matters must have proceeded at least to the filing of a complaint or similar pleading and involve substantial legal or factual issues. At least 8 of the 25 matters must have been submitted to the trier of fact for resolution of 1 or more contested factual issues through the presentation of live testimony or other evidence at a hearing. The trier of fact includes any judge or jury of a court of general jurisdiction, an arbitration panel, administrative agency, bankruptcy court, or other similar body. At least 1 of the 8 matters must have been tried before a jury during the 10-year period immediately preceding application. The business litigation certification committee may consider any civil dispute tried before a jury within the allowable time period to satisfy the jury trial requirement if the applicant has not tried a business litigation matter before a jury. "Submission to the trier of fact" and "trial before a jury" requires completion of the client's case. The applicant may substitute completion of an advanced trial advocacy seminar either by teaching, attendance, or combination for 1 of the 8 matters if the applicant has not participated in 8 matters submitted to the trier of fact for resolution. An advanced trial seminar submitted for the jury trial requirement must contain a jury trial component including voir dire, opening statements, and a closing argument. This seminar must be 3 full days, approved by the business litigation certification committee, and include as part of its curriculum active participation by the applicant in simulated courtroom proceedings. All course materials for the seminar must be submitted to the business litigation certification committee to be considered for substitute credit. The business litigation certification committee may consider involvement in protracted adversary proceedings to satisfy any of these requirements for good cause shown. A "protracted adversary proceeding" is a business litigation matter which, by its very nature, is so time consuming as to preclude the applicant from meeting the requirements of this subdivision. In order to demonstrate compliance with the requirements of this section, the following criteria will be applicable.(1) Summary judgments do not count as matters submitted to the trier of fact.(2) A preliminary injunction or other evidentiary hearing will count as 1 matter submitted to the trier of fact.(3) A matter in which the applicant supervises an associate qualifies as 1 of the 25 contested litigation matters but not as 1 of the 8 matters submitted to the trier of fact.(c) Substantial Involvement. The applicant must have substantial involvement in contested business litigation cases sufficient to demonstrate special competence as a business litigation lawyer. Substantial involvement includes active participation in client interviewing, counseling, investigating, preparation of pleadings, participation in discovery, taking of testimony, presentation of evidence, negotiation of settlement, drafting and preparation of business litigation settlement agreements, and argument and trial of business law cases.(d) Peer Review. The applicant must submit names and addresses of 5 lawyers who are not the applicant's associates or partners to complete peer review forms. The lawyers themselves must be substantially involved in business litigation and familiar with the applicant's practice. At least 1 of the references must be a judge or presiding officer of a court or other tribunal before whom the applicant has appeared as an advocate in a business litigation matter in the 2-year period immediately preceding the application.(e) Education. The applicant must complete 50 hours of approved continuing legal education in business litigation within the 3-year period immediately preceding the application date. Accreditation of educational hours is subject to policies established by the business litigation certification committee or the board of legal specialization and education.(f) Examination. The applicant must pass an examination applied uniformly to all applicants to demonstrate sufficient knowledge, skills, experience, proficiency, and professionalism in business litigation to justify representation of special competence to the legal profession and to the public.Added July 20, 1995 (658 So.2d 930). Amended July 17-18, 1996, by the Board of Governors of The Florida Bar; September 18-20, 1997, by the Board of Governors of The Florida Bar; amended effective 6/29/2000, by the Board of Governors of The Florida Bar; amendment approved by Board of Governors on8/22/2003; amendment approved by BoG on 6/2/06 and effective on 6/5/06; amendments approved by Board of Governors on1/31/2014; amendments approved by the Board of Governors on10/12/2018; amended and effective 12/4/2020 by The Florida Bar Board of Governors.