The Florida Bar Re: Advisory Opinion - Scharrer v. Fundamental Administrative Services

Summary

The Florida Supreme Court disapproved the Standing Committee’s proposed advisory opinion because it failed to address the specific conduct required by Goldberg, but held that the petition for an advisory opinion was procedurally proper despite the rule’s “voluntary” language. The Court also found the Neiman decision inapplicable and ordered the rule amended to remove the word “voluntary.” Justice Canady dissented, arguing the Court lacks constitutional authority to issue such advisory opinions.