RULE 9.150. DISCRETIONARY PROCEEDINGS TO REVIEW
CERTIFIED QUESTIONS FROM FEDERAL
COURTS

(a) Applicability. On either its own motion or that of a
party, the Supreme Court of the United States or a United States
court of appeals may certify 1 or more questions of law to the
Supreme Court of Florida if the answer is determinative of the
cause and there is no controlling precedent of the Supreme Court of
Florida.

(b) Certificate. The question(s) may be certified in an
opinion by the federal court or by a separate certificate, but the
federal court should provide the style of the case, a statement of the
facts showing the nature of the cause and the circumstances out of
which the questions of law arise, and the questions of law to be
answered. The certificate shall be certified to the Supreme Court of
Florida by the clerk of the federal court.

(c) Record. The Supreme Court of Florida, in its discretion,
may require copies of all or any portion of the record before the
federal court to be filed if the record may be necessary to the
determination of the cause.

(d) Briefs. If the Supreme Court of Florida, in its discretion,
requires briefing, it will issue an order establishing the order and
schedule of briefs.

(e) Costs. The taxation of costs for these proceedings is a
matter for the federal court and is not governed by these rules.

Committee Notes

1977 Amendment. This rule retains the substance of former
rule 4.61. Except for simplification of language, the only change
from the former rule is that answer and reply briefs are governed by
the same time schedule as other cases. It is contemplated that the
federal courts will continue the current practice of directing the
parties to present a stipulated statement of the facts.

1980 Amendment. This rule is identical to former rule 9.510.
It has been renumbered to reflect the addition to the Florida
Constitution of article V, section 3(b)(6), which permits
discretionary supreme court review of certified questions from the
federal courts. Answer briefs and reply briefs will continue to be
governed by the same time schedule as in other cases.