| 1 | A bill to be entitled |
| 2 | An act relating to communications among the branches of |
| 3 | state government; providing a short title; creating ss. |
| 4 | 25.079 and 35.079, F.S.; requiring the clerks of the State |
| 5 | Supreme Court and district courts of appeal to transmit |
| 6 | certain judicial opinions to the Governor, the President |
| 7 | of the Senate, and the Speaker of the House of |
| 8 | Representatives within a specified time; providing an |
| 9 | effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 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 |
| 27 | governmental practice unconstitutional; |
| 28 | (b) Recommends any statutory or regulatory change; or |
| 29 | (c) Finds that the meaning of a statute is unclear, |
| 30 |
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| 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 |
| 48 | governmental practice unconstitutional; |
| 49 | (b) Recommends any statutory or regulatory change; or |
| 50 | (c) Finds that the meaning of a statute is unclear, |
| 51 |
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| 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. |