IN THE INTEREST OF T.L.D., A CHILD
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PER CURIAM.
We affirm in all respects, except we remand for the trial court to strike a special condition of appellant’s community control.
As a special condition of appellant’s community control, the trial court required appellant to follow the conditions imposed by the community control counsel-or. Only a court, however, can set the conditions of probation. See Barber v. State, 344 So. 2d 913, 914 (Fla. 3d DCA 1977); § 948.03(1), Fla.Stat. (1989). Furthermore, a trial court reversibly errs when it delegates judicial responsibility to a probation officer. McDonald v. State, 478 So. 2d 113, 113 (Fla. 2d DCA 1985). Because the special condition is an unlawful delegation of judicial authority, the trial court shall strike this condition upon remand.
AFFIRMED IN PART, REVERSED IN PART AND REMANDED.
GUNTHER and STONE, JJ., and WALDEN, JAMES H., Senior Judge, concur.
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Q.M. v. State, 969 So. 2d 1182 (Fla. 1st DCA 2007)…hild to attend family counseling if recommended by the Department of Juvenile Justice is stricken on the ground that it is an improper delegation of judicial authority. See Huffman v. State, 472 So. 2d 469 (Fla. 1st DCA 1985); In Interest of T.L.D., 586 So. 2d 1294 (Fla. 4th DCA 1991). In all other respects, the order withholding adjudication of delinquency is affirmed. Affirmed as modified. WEBSTER, PADOVANO, and POLSTON, JJ., concur.…
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C.H. v. State, 850 So. 2d 675 (Fla. 4th DCA 2003)…iled this appeal. Drug Court supervision was not a condition of C.H.’s probation that was ordered by the court. Only the court may set the conditions of probation and it may not delegate its responsibility to a probation officer. See In re T.L.D., 586 So. 2d 1294 (Fla. 4th DCA 1991). Where a court withholds adjudication and places a child on probation under specified conditions, a court is without authority to add a condition of probation unless and until a violation is alleged and after a hearing a violatio…
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T.J.J. v. State, 121 So. 3d 635 (Fla. 4th DCA 2013)…ct with “any person whose contact or association is prohibited by his or her juvenile probation officer” should be stricken because it violates the separation of powers doctrine. We agree. Only a court can set conditions of probation. In re T.L.D., 586 So. 2d 1294, 1294 (Fla. 4th DCA 1991). In T.L.D., this court struck a special condition requiring the appellant to “follow the conditions imposed by the community control counsel- or.” Id. “[A] trial court reversibly errs when it delegates judicial responsibili…
Authorities Cited
- Barber v. State, 344 So. 2d 913 (Fla. 3d DCA 1977)
- McDONALD v. State, 478 So. 2d 113 (Fla. 2d DCA 1985)