Florida Senate - 2011                                     SB 996
       
       
       
       By Senator Simmons
       
       
       
       
       22-00817-11                                            2011996__
    1                        A bill to be entitled                      
    2         An act relating to communications among the branches
    3         of state government; providing a short title; creating
    4         ss. 25.079 and 35.079, F.S.; requiring the clerks of
    5         the State Supreme Court and district courts of appeal
    6         to transmit certain judicial opinions to the Governor,
    7         the President of the Senate, and the Speaker of the
    8         House of Representatives within a specified time;
    9         providing an effective date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. This act may be cited as the “Communication of
   14  Judicial Opinions Act.”
   15         Section 2. Section 25.079, Florida Statutes, is created to
   16  read:
   17         25.079 Opinions having certain holdings; communication to
   18  Governor and Legislature.—
   19         (1) This section is specifically intended to facilitate
   20  communication among the three branches of government relating to
   21  the interpretation or constitutionality of Florida law. This
   22  section is not intended to provide to the legislative or
   23  executive branches any powers not granted by the State
   24  Constitution.
   25         (2) An opinion rendered by the Supreme Court which:
   26         (a) Declares a Florida statute, regulation, or governmental
   27  practice unconstitutional;
   28         (b) Recommends any statutory or regulatory change; or
   29         (c) Finds that the meaning of a statute is unclear,
   30  
   31  shall be transmitted by the clerk of the Supreme Court to the
   32  Governor, the President of the Senate, and the Speaker of the
   33  House of Representatives within 30 days after the opinion is
   34  published by the court.
   35         Section 3. Section 35.079, Florida Statutes, is created to
   36  read:
   37         35.079 Opinions having certain holdings; communication to
   38  Governor and Legislature.—
   39         (1) This section is specifically intended to facilitate
   40  communication among the three branches of government relating to
   41  the interpretation or constitutionality of Florida law. This
   42  section is not intended to provide to the legislative or
   43  executive branches any powers not granted by the State
   44  Constitution.
   45         (2) An opinion rendered by a district court of appeal
   46  which:
   47         (a) Declares a Florida statute, regulation, or governmental
   48  practice unconstitutional;
   49         (b) Recommends any statutory or regulatory change; or
   50         (c) Finds that the meaning of a statute is unclear,
   51  
   52  shall be transmitted by the clerk of the district court to the
   53  Governor, the President of the Senate, and the Speaker of the
   54  House of Representatives within 30 days after the opinion is
   55  published by the court.
   56         Section 4. This act shall take effect July 1, 2011.