Simmons v. State

762 So. 2d 913, 25 Fla. L. Weekly Supp. 602, 2000 Fla. LEXIS 1367, 2000 WL 889782

• Court: Supreme Court of Florida
• Decided: July 6, 2000
• Docket: No. SC96465
• Status: Published

Opinions

PER CURIAM.

We have for review the decision in Simmons v. State, 755 So.2d 682 (Fla. 4th DCA 1999), in which the Fourth District certified the same question which was certified in Woods v. State, 740 So.2d 20 (Fla. 1st DCA 1999):

DOES THE PRISON RELEASEE REOFFENDER PUNISHMENT ACT, CODIFIED AS SECTION 775.082(8), FLORIDA STATUTES (1997), VIOLATE THE SEPARATION OF POWERS CLAUSE OF THE FLORIDA CONSTITUTION?

We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.

We recently approved the First District’s decision in Woods, holding that the Prisoner Releasee Reoffender Act, as properly interpreted by the First District, does not violate separation of powers, and rejecting other constitutional challenges to the Act. See State v. Cotton, Nos. SC94996 & SC95281, — So.2d -, 2000 WL 766521 (Fla. June 15, 2000). Accordingly, for the reasons expressed in Cotton, we answer the certified question in the negative, and approve the decision of the Fourth District in this case.

It is so ordered.

WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE and LEWIS, JJ., concur. QUINCE, J., dissents with an opinion.