Lee v. State, 739 So. 2d 1175

PER CURIAM.

Leon Lee appeals his sentence as a violent career criminal under section 775.084, Florida Statutes (1997), on the ground that chapter 95-182, Laws of Florida (the “Officer Evelyn Gort and Fallen Officers Career Criminal Act of 1995“), which created that category of sentence, violated the single subject provision of the Florida Constitution. We affirm.

Assuming for purposes of discussion that there was a violation of the single subject rule,^* the only defendants who would be adversely affected are persons sentenced as violent career criminals with offense dates of October 1, 1995 through May 23, 1997. Effective May 24, 1997, the biennial reenactment of the Florida Statutes cured any violation of the single subject rule. See ch. 97-97, Laws of Fla. “The reenactment has the effect of adopting as the official statutory law of the state those portions of the statutes that are carried forward from the preceding adopted statutes. Once reenacted as a portion of the Florida Statutes, a chapter law is no longer subject to challenge on the grounds that it violates the single subject requirements of Article III, section 6, of the Florida Constitution.” State v. Johnson, 616 So.2d 1, 2 (Fla.1993).

Because appellant‘s offense date was July 12, 1997, there is no basis for a challenge to his sentence based on the single subject requirement. For this reason we decline to certify conflict with Thompson v. State, 708 So.2d 315 (Fla. 2d DCA), review granted, 717 So.2d 538 (Fla.1998).

Affirmed.

Notes

*

This court has held that there was no single subject violation. See Valdes v. State, 728 So.2d 1225 (Fla. 3d DCA 1999); Holloway v. State, 712 So.2d 439 (Fla. 3d DCA), review granted, 727 So.2d 906 (Fla.1998); Higgs v. State, 695 So.2d 872, 873 (Fla. 3d DCA 1997). Contra Thompson v. State, 708 So.2d 315 (Fla. 2d DCA), review granted, 717 So.2d 538 (Fla. 1998).

Case Details

Case Name: Lee v. State

Court Name: District Court of Appeal of Florida

Date Published: Jul 21, 1999

Citations: 739 So. 2d 1175; 1999 WL 510570; 98-1597

Docket Number: 98-1597

Court Abbreviation: Fla. Dist. Ct. App.