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

      (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), Florida Constitution, and proceed as follows:

(1) If 4 justices concur that the question is not within that purview, 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 that purview, the court may permit persons whose substantial interests may be affected to be heard on the questions presented through briefs, oral argument, or both. If the court determines to receive briefs or hear oral argument, it shall set the time for filing briefs, the date of argument, and the time allotted. The court may appoint amicus curiae and prescribe their duties.

(3) The justices shall file their opinions in the clerk’s office. Copies shall be delivered to the governor.

Committee Notes

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

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