Opinion
No. SC00-1479
Opinion filed July 12, 2001.
Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance First District — Case No. 1D99-2048 (Santa Rosa County)
Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Assistant Public Defender, Second Judicial Circuit, Tallahassee, Florida, for Petitioner Robert A. Butterworth, Attorney General, and James W. Rogers, Senior Assistant Attorney General, Tallahassee, Florida, for Respondent
We have for review Price v. State, 764 So.2d 694 (Fla. 1st DCA 2000). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.
We answer the certified question in the negative, see State v. Cotton, 769 So.2d 345 (Fla. 2000), and approve the decision of the district court.
The district court certified the following question 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?
It is so ordered.
WELLS, C.J., and SHAW, HARDING, ANSTEAD, and PARIENTE, JJ., concur.
QUINCE, J., dissents.