In examining the history and intent behind the enactment of the Florida interjurisdictional certification procedure, the author points out several salient problems with the process of certification as it exists today. Delay and additional costs in certifying a question to the Supreme Court of Florida have caused a hesitancy in the federal courts to certify questions of state law, thereby defeating the very reasons for the existence of the certification process. To remedy these problems, and to promote federal-state comity while ensuring that state courts remain the final arbiters on issues of state law, the author suggests the establishment of a Florida court designed to hear only questions certified by federal courts.
Larry M. Roth,
Certified Questions from the Federal Courts: Review and Re-proposal,
34 U. Miami L. Rev.
Available at: http://repository.law.miami.edu/umlr/vol34/iss1/2