Rule 9.500. Advisory Opinions to Governor

(a) Filing. A request by the governor for an advisory opinion from the justices of the supreme court on a question affecting gubernatorial powers and duties shall be in writing. The request shall be filed with the clerk of the supreme court.

(b) Procedure. As soon as practicable after the filing of the request, the justices shall determine whether the request is within the purview of article IV, section 1(c) of the Florida Constitution, and proceed as follows:

(1) If 4 justices concur that the question is not within the purview of article IV, section 1(c) of the Florida Constitution, the governor shall be advised forthwith in writing and a copy shall be filed in the clerk’s office.

(2) If the request is within the purview of article IV, section 1(c) of the Florida Constitution, the court shall permit, subject to its rules of procedure, interested persons to be heard on the questions presented through briefs, oral argument, or both.

(3) The justices shall file their opinions in the clerk’s office 27not earlier than 10 days from the filing and docketing of the request, unless in their judgment the delay would cause public injury. The governor shall be advised forthwith in writing.

Committee Notes

1977 Amendment. This rule simplifies former rule 2.1(h) without material change.

Rules Blog Notes

Updated with rule changes effective January 1, 2019. See In re Amendments to Florida Rules of Appellate Procedure-2017 Regular-Cycle Report, 256 So. 3d 1218, 1219, No. SC17-152 (Fla. Oct. 25, 2018) [.pdf]. For more information about these changes, check out the Florida Appellate Procedure Blog.