Moore v. State

Michael Moore appeals the order designating him a sexual predator in accordance with the Florida Sexual Predators Act, section 775.21, Florida Statutes (2003). He contends that the Act is unconstitutional in several ways, and argues that the trial court lost jurisdiction to enter the order once sixty days had elapsed after sentencing. We uphold the order. We find no violation of state or federal procedural due process, on the authority of Therrien v. State, 859 So. 2d 585 (Fla. 1st DCA 2003), review pending, No. SC03-2219 (Fla. Dec. 18, 2003). Contra Espindola v. State, 855 So. 2d 1281 (Fla. 3d DCA 2003), review pending, No. SC03-2103 (Fla. Nov. 10, 2003). Likewise on the authority of Therrien, we reject appellant's contention that the Act violates the separation of powers clause in article II, section 3, of the Florida Constitution. See Therrien, 859 So. 2d at 586-87.