HB 87

A bill to be entitled
2An act relating to judicial opinions; providing a short
3title; creating s. 25.079, F.S.; providing legislative
4intent; requiring that an opinion of the Supreme Court or
5a district court of appeal that has any of certain
6specified holdings be provided to specified offices in the
7other branches of government; requiring offices receiving
8such an opinion to acknowledge receipt within a specified
9period; allowing the acknowledgment to include a statement
10of any action to be taken in response; providing an
11effective date.
13Be It Enacted by the Legislature of the State of Florida:
15     Section 1.  This act may be cited as the "Judicial Opinion
16Communications Act."
17     Section 2.  Section 25.079, Florida Statutes, is created to
19     25.079  Opinions with certain holdings; communication to
20other branches.-
21     (1)  This section is specifically intended to create a
22communication process between the three branches of government
23with regard to judicial opinions and may not be construed to
24provide the legislative or executive branches with any powers
25regarding the Supreme Court or appellate courts that are not
26granted under the State Constitution.
27     (2)  A court opinion rendered by the Florida Supreme Court
28or any of the district courts of appeal which:
29     (a)  Declares a Florida statute, regulation, or government
30practice unconstitutional;
31     (b)  Recommends any statutory or regulatory changes to the
32current law; or
33     (c)  Identifies drafting issues
35shall be submitted by the court rendering the opinion to the
36Governor, the President of the Senate, and the Speaker of the
37House of Representatives within 30 days after being published by
38the court.
39     (3)  The Office of the Governor, the Office of the
40President of the Senate, and the Office of the Speaker of the
41House of Representatives shall serve an acknowledgment of
42receipt upon the chief judge or chief justice of the court
43rendering an opinion submitted to that office under subsection
44(2) within 30 days after the receipt of the opinion and may
45state in the acknowledgment any and all action to be taken in
46response to the opinion.
47     Section 3.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.