IN RE ADVISORY OPINION TO HONORABLE N. B. BROWARD, GOVERNOR OF FLORIDA, TALLAHASSEE, FLA.
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Governor Broward requested an advisory opinion on whether certain statutes constituted an appropriation authorizing the comptroller to draw warrants for building and equipping a state chemist's laboratory addition. The Florida Supreme Court declined to issue the opinion, holding that it could only provide advisory opinions on constitutional interpretation affecting the Governor's executive powers, not on the meaning and effect of statutes.
The court held that it may only render advisory opinions to the Governor on matters requiring interpretation of the Florida Constitution affecting his executive powers and duties, not on questions concerning the legal meaning and effect of statutes.
“The Governor may, at any time, require the opinion of the justices of the supreme court as to the interpretation of any portion of this constitution upon any question affecting his executive powers and duties, and the justices shall render such opinion in writing.”
This quote establishes the constitutional basis for advisory opinions, limiting them to constitutional interpretation affecting executive powers.
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Join FLexlaw to unlock all legal intelligenceGovernor Broward sought clarification regarding Section 1280 of the General Statutes and Section 9 of Chapter 5662 (the Pure Food Law) to determine wh…
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To the Honorable Chief Justice and Justices of the Supreme Court of the State of Florida, Tallahassee, Florida.
Sirs : Section 6, Article 4, of the constitution of the state of Florida, charges me, as 'Governor, with the duty of taking care that the laws be faithfully executed.
Section 1280 of the General Statutes provides that “the Governor shall provide a suitable laboratory, furniture and all necessary chemicals for the state chemist out of any funds in the state treasury not otherwise appropriated, the same to be paid back to the state treasury out of the funds accruing from the inspection of fertilizers as hereinbefore provided.”
Section 9, Chap. 5662, Laws of Florida, approved June 3, 1907, being generally known as “The Pure Food Law,” provides, among other things, that the Governor shall “make such expenditures for apparatus, chemicals and increased laboratory facilities as in his judgment shall be required.”
In view of this constitutional provision and these statutes, I hereby most respectfully request the supreme court to advise me whether or not SectioA 1280 of the General Statutes, construed together with Section 9 of Chap. 5662, Laws of Florida, is an appropriation which would authorize the comptroller to draw his warrant in payment for the building and equipping of an addition to the state chemist’s laboratory.
This information is needed by me in the performance of my constitutional duty of taking care that the laws are faithfully executed.
Most respectfully yours, N. B.
Broward, Governor. July 17th, 1907.
Honorable N. B.
Broward, Governor of Florida, Tallahassee, Fla. Sir: — Your communication of'the 15th instant has been received and considered.
Section 13 of Article IV of the constitution provides that: “The Governor may, at any. time, require the opinion of the justices of the supreme court as to the interpretation of any portion of this” constitution upon any question affecting his executive.powers and duties, and the justices shall render such opinion in writing.” .
Under this section of the organic law of the state the justices of the supreme court are not required or authorized to render to the Governor an opinion except to interpret a portion of the constitution affecting his executive powers and duties.
See Advisory Opinion 23 Fla. 297, 6 South.
Rep. 925; Advisory Opinion 39 Fla. 397, 22 South.
Rep. 681; Advisory Opinion 50 Fla. 169, 39 South.
Rep. 187.
You refer to the constitutional provision that: “The Governor shall take care that the laws be faithfully executed,” .and cite statutes prescribing duties for the Governor, but the request made is for an opinion as to whether or not designated statutes construed together make an appropriation for stated purposes.
The request is for an opinion as to the legal meaning and effect of statutes, and not for an opinion as to the interpretation of any portion of the Constitution of the state.
As the justices of the supreme court are required by the constitution of the state to render opinions to the Governor only as to the interpretation of portions of the Constitution affecting his executive powers and duties, it is not within the province of the justices to render to the (Governor the opinion as requested on the legal meaning and effect of the cited statutes.
Very respectfully, Thomas M.
Shackleford, Chief Justice. W. A. Hocker, R. F. Taylor, R. S.
Cockrell, J. B.
Whitfield, C. B.
Parkhill, Justices.
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Advisory Opinion to the Governor, 64 Fla. 1 (Fla. 1912)…nion upon a question affecting the executive powers and duties of the Governor in countersigning an order to pay money from the State Treasury that may be authorized by a valid statute. See Advisory Opinion to the Governor, 39 Fla. 397; 50 Fla. 169; 54 Fla. 136; 62 Fla. 4. The request is, in effect, for an opinion as to whether House Joint Resolution No. 222, relating to an amendment to the State Constitution, that was considered by both Houses of the Legislature at the regular session of [*15] 1911, was…
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In re Advisory Opinion to the Governor, 103 Fla. 668 (Fla. 1931)…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 [*671] ernor, 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. 1…
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In re Advisory Opinion to the Governor, 62 Fla. 4 (Fla. 1911)…Justices, that they are not authorized upon the request of the Governor to give an opinion upon the constitutionality of statutes affecting the Governor’s Executive powers and duties. See Advisory opinions to the Governor, 39 Fla. 397; 50 Fla. 169; 54 Fla. 136. Very Eespectfully, W. A. HOCKEE, C. B. PAEKHILL, E. F. TAYLOE, J. B. WHITFIELD, E. S. COOKEELL; T. M. SHAOKLEFOED,…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- De Graum v. Jones, 23 Fla. 83 (Fla. 1887)
- In re Advisory Opinion to Governor, 50 Fla. 169 (Fla. 1905)