JAMES SIMMONS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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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.
QUINCE, J.,
dissenting.
I dissent for the reasons stated in my dissent in State v. Cotton, Nos. SC94996 & SC95281, — So. 2d -, 2000 WL 766521 (Fla. June 15, 2000).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wencel v. State, 768 So. 2d 494 (Fla. 4th DCA 2000)…lso charges that the act violates the separation of powers clause of the Florida Constitution. This issue has recently been addressed and rejected by the Florida Supreme Court in State v. Cotton, 769 So. 2d 345 (Fla.2000). See also Simmons v. State, 762 So. 2d 913 (Fla.2000). AFFIRMED. STEVENSON and GROSS, JJ., concur. . The 1998 Supplement to this section has been renumbered from section 775.082(8) to section 775.082(9). See Ch. 98-204, § 10, at 1966, Laws of Fla.…
Authorities Cited
- Woods v. State, 740 So. 2d 20 (Fla. 1st DCA 1999)
- Simmons v. State, 755 So. 2d 682 (Fla. 4th DCA 1999)