IN RE: ADVISORY OPINION TO THE GOVERNOR
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The Governor requested an advisory opinion on whether he could constitutionally countersign warrants for rental payments on a privately owned road leased by the State Road Department under a 1931 statute. The Florida Supreme Court declined to address the question, holding that while it may opine on constitutional interpretation affecting the Governor's powers, it lacks authority to render opinions on the validity of statutes.
The Court declined to render an advisory opinion on the Governor's question because answering it would necessarily require the Court to determine the validity of the 1931 statute, which the Court is not authorized to do under the Constitution.
“Under Section 13 of Article IV of the Constitution the Justices of the Supreme Court may upon request render an opinion to the Governor as to the interpretation of any portion of the Constitution upon any question affecting his executive powers and duties, but the Justices are without authority to render an opinion to the Governor as to the validity of a statute affecting the Governor's executive powers and duties.”
Establishes the boundary of the Court's advisory opinion authority—can interpret the Constitution but cannot opine on statutory validity
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Join FLexlaw to unlock all legal intelligenceThe State Road Department leased Connor's Highway, a privately owned road in Palm Beach County, under authority granted by Chapter 15024 of the 1931 L…
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*669(SEAL)
STATE OF FLORIDA EXECUTIVE DEPARTMENT Tallahassee
November 12th, 1931.
Doyle E. Carlton Governor
J. C. Husskisson Secretary.
To the Honorable Chief Justice and Chief Justices of the Supreme Court of the State of Florida.
Gentlemen:
Under the provisions of Section 13 of Article IV of the Constitution of the State of Florida, I have the honor to request your written opinion affecting my powers and duies as Chief Executive under the following provisions of the Constitution:
Section 24, Article IV.
“The Treasurer shall receive and keep all funds, bonds and other securities in such manner as may be prescribed by law, and shall disburse no funds nor issue bonds or any other securities, except upon the order of the Comptroller, countersigned by the Governor in such manner as shall be prescribed by law.”
Section 2, Article IX.
“The Legislature shall provide for raising revenue sufficient to defray the expenses of the State for each fiscal year, and also a sufficient sum to pay the principal and interest of the existing indebtedness of the State”.
Under Chapter 15024, Laws of 1931, the State Road Department is granted the right at any time after the completion of a bridge, viaduct, fill, road, trestle structure and approaches thereto to lease and rent the same from the owner. The State Road Department has evidently leased what is known as Connor’s Highway, located in Palm Beach County, Florida, and the State Road Depart*670ment has made requisition upon the Comptroller for a warrant covering one-half month’s rental of said Connor’s Highway, to-wit': from October 1st, to October 15th, inclusive, 1931, in the sum of $1,302.08.
I desire to be advised if, in view of the foregoing provisions of the Constitution, I would be authorized as Governor, at this time or any time hereafter to countersign warrants drawn on the State Treasurer covering said rentals of the said Connor’s Highway located in Palm Beach County, Florida, to the State Road Department.
Very respectfully,
DOYLE E. CARLTON Governor, State of Florida.
IN THE SUPREME COURT OF FLORIDA, JUNE TERM, A. D. 1931.
En Banc.
To His Excellency
Doyle E. Carlton, Governor of Florida.
Sir:—
Your request under the Constitution for an opinion as to whether you are authorized to countersign warrants drawn on the State Treasurer for rentals due on a privately owned road that has been leased by the State Road Department under the provisions of Chapter 15024 Acts of 1931, has been given due consideration.
Under Section 13 of Article IV of the Constitution the Justices of the Supreme Court may upon request render an opinion to the Governor as to the interpretation of any portion of the Constitution upon any question affecting his executive powers and duties, but the Justices are without authority to render an opinion to the Governor as to the validity of a statute affecting the Governor’s executive powers and duties. Advisory Opinion to Governor, 39 Fla. 397, 22 South. Rep. 681; Advisory Opinion to Governor, 50 Fla. 169; 39-South. Rep. 187; Advisory Opinion to Gov*671ernor, 54 Fla. 136, 44 South. Rep. 756; Advisory Opinion to Governor, 62 Fla. 4, 57 South. Rep. 345; Advisory Opinion to Governor, 64 Fla. 1, 59 South. Rep. 778; Advisory Opinion to Governor, 69 Fla. 632, 68 South. Rep. 851; Advisory Opinion to Governor, 78 Fla. 156, 82 South. Rep. 606.
Your excellency’s request for an opinion is not whether it is within the executive power and duty of the Governor to countersign a warrant drawn by the Comptroller upon the State Treasurer, where no appropriation or authority has been made by law for drawing the warrant as In Re Advisory Opinion, 43 Fla. 305, 31 South. Rep. 348, or where there is a definite appropriation as in Advisory Opinion to Governor, 79 Fla. 137, 83 South. Rep. 672; Advisory Opinion to Governor, 90 Fla. 708, 107 South. Rep. 366; Advisory Opinion to Governor, 98 Fla. 843, 124 South. Rep. 728; but the enquiry is whether the Governor is authorized to countersign warrants drawn on the State Treasurer for the rental charges of a road leased from private parties by the State Road Department pursuant to the provisions of Chapter 15024 Acts of 1931, there being no specific appropriation duly made for that purpose. Such enquiry necessarily involves a determination of the validity of Chapter 15024 as a legislative enactment. The Justices are not authorized to render an opinion to the Governor as to the validity of a statute. Advisory Opinion to Governor, 69 Fla. 632, 68 South. Rep. 851.
Very respectfully,
RIVERS BUFORD
J. B. WHITFIELD
W. H. ELLIS
GLENN TERRELL
ARMSTEAD BROWN
FRED H. DAVIS
Justices.
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Citator
Cited By
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In re Advisory Opinion to the Governor, 113 So. 2d 703 (Fla. 1959)…opinions at or beyond the threshold of our constitutional duty, a majority of the court as now constituted feel that the constitutionality of a statute should only be passed upon in adversary proceedings. See In re Advisory Opinion to the Governor, 103 Fla. 668, 137 So. 881, and In re Advisory Opinion to the Governor, 50 Fla. 169, 39 So. 187, and numerous other related cases. . It is therefore our conclusion that in the situation here presented, the Justices of this Court are without authority to render a…
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In re Advisory Opinion to the Governor, 96 So. 2d 900 (Fla. 1957)…merous precedents of this court, to decline to answer your request. See Advisory Opinion to the Governor, 1911, 61 Fla. 1, 55 So. 460; In re Advisory Opinion to the Governor, 1912, 64 Fla. 1, 59 So. 778; In re Advisory Opinion to the Governor, 1931, 103 Fla. 668, 137 So. 881. Respectfully, /s/ ELWYN THOMAS Elwyn Thomas Acting Chief Justice /s/ B. K. ROBERTS B. K. Roberts /s/ E. HARRIS DREW E. Harris Drew /s/ CAMPBELL THORNAL Campbell Thornal /s/ STEPHEN C. O’CONNELL Stephen C. O’Connell Justices.…
Authorities Cited
- In re Advisory Opinion to the Governor, 43 Fla. 305 (Fla. 1901)
- In re Advisory Opinion to Governor, 50 Fla. 169 (Fla. 1905)
- In re Advisory Opinion to Honorable N. B. Broward, 54 Fla. 136 (Fla. 1907)
- Advisory Opinion to the Governor, 64 Fla. 1 (Fla. 1912)
- In re Advisory Opinion to the Governor, 98 Fla. 843 (Fla. 1929)
- In re Advisory Opinion to the Governor, 62 Fla. 4 (Fla. 1911)
- Advisory Opinion to the Governor, 69 Fla. 632 (Fla. 1915)
- In re Advisory Opinion to the Governor, 90 Fla. 708 (Fla. 1925)
- In re Advisory Opinion to the Governor, 79 Fla. 137 (Fla. 1920)
- In re Advisory Opinion to the Governor, 78 Fla. 156 (Fla. 1919)