Opinion
No. 4D99-1200.
Opinion filed March 29, 2000.
Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Marc A. Cianca, Judge; L.T. No. 97-3431 CFA.
Richard L. Jorandby, Public Defender, and Jennifer L. Brooks, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Carol Cobourn Asbury, Assistant Attorney General, West Palm Beach, for appellee.
On appeal, Paul Parker challenges the constitutionality of the Prison Releasee Reoffender Act, inter alia, as violative of the separation of powers clause of the Florida Constitution. We affirm on the authority of Simmons v. State, No. 98-2792 (Fla. 4th DCA Aug. 4, 1999), review granted, No. SC96465 (Fla. Jan. 18, 2000), but certify the same question that we did in Simmons as one of great public importance:
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?
On all other issues, we affirm without comment.
AFFIRMED.
POLEN, FARMER and HAZOURI, JJ., concur.