With no explanation, chose the best option from "A", "B", "C" or "D". officer, through negligence, suffers a prisoner in his custody upon conviction of any criminal charge to escape, he shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. The trial court dismissed the charges on the ground that the statute is unconstitutional. We affirm. In State v. Winters, 346 So.2d 991 (Fla.1977), our supreme court held a statute criminalizing the negligent treatment of children unconstitutional because it made purely negligent conduct a crime without a showing of willfulness or even culpable negligence. Eighteen years later this court held that amendments to the same statute did not cure the defect which was the basis of the supreme court’s decision in Winters. State v. Mincey, 658 So.2d 597 (Fla. 4th DCA 1995), (<HOLDING>). When the appellant challenged the

A: holding that section 7750214b2 florida statutes 1993 prohibited conviction for fraud by person authorized to provide goods or services and grand theft based on the same facts
B: holding florida sexual predators act section 77521 florida statutes 2000 to be unconstitutional as violating procedural due process
C: holding that section 89313 as amended by section 893101 florida statutes 2002 is constitutional
D: holding section 82705 florida statutes 1993 unconstitutional and certifying the question as one of great public importance
D.