Exceptions to Filing Requirement for Advertisement

Mailing the filing is required in many cases, but not all of them. There are some exempt cases based on SCA decisions and Rule 4-7.20 (b) to (g).

Anytime a lawyer broadcasts an advertisement, filing the requirement and mailing it to the Florida Bar at least 20 days before the first use and including the contents listed below is required.

  • CD/DVD/Flash drive, each containing only one advertisement; transcription of all text used on the advertising, audio included; 
  • All enclosures and a sample envelope for direct mail noted as a self-mailer on the cover sheet or cover letter for self-mailing direct mail; 
  • A list with all media the advertisement will appear, expected frequency in each medium, and the anticipated time it will be used; 
  • The name of the lawyer responsible for the content; 
  • A check made payable to The Florida Bar in the amount of  $150 for each advertisement timely filed (at least 20 days in advance of first use) and $250 for each advertisement filed late (less than 20 days in advance of first use); 
  • An accurate English translation if the advertisement appears in a language other than English. 

Once the filing is submitted, the Florida Bar will review it only if the form is filled out. The bar will mail response on, or before, 15 days from the date a complete filing is received. If it is not complete, or if the bar has any questions about the content, the lawyer will be mailed to answer these or complete the filing.

Is the filing required for all advertisements?

No, not all advertising is subject to the filing requirement. This does not mean that the advertisement is exempt from the other provisions of Subchapter 4-7. And all advertisements must include, at a minimum, the name of at least one lawyer, law firm, or qualifying provider (lawyer referral service, matching service, group or pooled advertising program, directory, or tips or leads generator) responsible for the advertisement’s content and the geographic location.

What types of advertisements are exempt from the filing requirements?

Florida Attorney’s advertising rules are complicated. There are exempts on Rule 4-7.20(b) to (g), SCA decisions, and “Tombstone” ads. Check them below.