SC03-1321 – Everett Ward Milks v. State Of Florida

State: Florida

Docket No: SC03-1321

Case Date: 02/03/2005

Preview:Supreme Court of Florida
____________ No. SC03-1321 ____________ EVERETT WARD MILKS, Petitioner, vs. STATE OF FLORIDA, Respondent. ____________ No. SC03-2103 ____________ STATE OF FLORIDA, Appellant, vs. FERMAN CARLOS ESPINDOLA, Appellee. [February 3, 2005] BELL, J. We have before us two cases challenging the constitutionality of the Florida Sexual Predators Act, section 775.21, Florida Statutes (2003). In Milks v. State,

848 So. 2d 1167 (Fla. 2d DCA 2003), the Second District Court of Appeal declared the Act constitutional, rejecting procedural-due-process and separation-of-powers challenges. In Espindola v. State, 855 So. 2d 1281 (Fla. 3d DCA 2003), the Third District Court of Appeal declared the Act unconstitutional on procedural-dueprocess grounds.1 We approve the decision of the Second District in Milks and reverse the decision of the Third District in Espindola. We hold that the Act does not violate procedural due process or separation of powers and, as against these challenges, is constitutional. We decline at this time to consider the substantivedue-process and equal-protection challenges briefed by the parties but not addressed by the district courts below. I. BACKGROUND The Florida Sexual Predators Act lists certain offenses (and combinations of offenses) and mandates that a person convicted of any such offense be designated a "sexual predator." See

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