Opinion
No. SC00-475.
Opinion filed August 31, 2000.
Application for Review of the Decision of the District Court of Appeal — Certified Direct Conflict, Fourth District — No. 4D98-1706 (Broward County).
Richard L. Jorandby, Public Defender, and Ellen Griffin, Assistant Public Defender, Fifteenth Judicial Circuit, West Palm Beach, Florida, for Petitioner.
Robert A. Butterworth, Attorney General, and Gary K. Milligan, Assistant Attorney General, Fort Lauderdale, Florida, for Respondent.
We have for review Osborne v. State, 25 Fla. L. Weekly D420 (Fla. 4th DCA Feb. 16, 2000), in which the Fourth District Court of Appeal certified conflict with the Second District's decision in Thompson v. State, 708 So.2d 315 (Fla. 2d DCA 1998), approved, 750 So.2d 643 (Fla. 1999), on the issue of standing to challenge chapter 95-182, Laws of Florida, as violative of the single subject rule contained in article III, section 6 of the Florida Constitution. We have jurisdiction. See Art. V, § 3(b)(4), Fla. Const.
Based on our recent decision in Salters v. State, 758 So.2d 667 (Fla. 2000), and the State's confession of error, we quash the decision below and remand for resentencing in accordance with the valid laws in effect on February 5, 1997, the date of the offenses.
It is so ordered.
SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur.
WELLS, C.J., dissents.