P.D.W., A MINOR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PATTERSON, Judge.
In this juvenile proceeding, the trial court failed to follow the proper procedure pursuant to section 39.052(3)(e)(l), Florida Statutes (1991), for adjudicating the appellant as having committed a delinquent act and committing him to the Department of Health and Rehabilitative Services (HRS). Strict compliance with the provisions of section 39.052(3)(e) is mandatory and failure to comply constitutes reversible error. See R.G.S. v. State, 597 So. 2d 816 (Fla. 2d DCA) (interpreting former section 39.-09(3)(e), Florida Statutes (1989)), review denied, 601 So. 2d 553 (Fla.1992). Here, neither the written order of commitment nor the transcript of the hearing revealed the specific reasons for the trial court’s decision to adjudicate and commit the appellant to HRS. Therefore, we reverse the appellant’s adjudication and commitment to HRS and remand the case for a new disposition hearing. Based on the resolution of this issue, we do not reach the appellant’s other arguments.
Reversed and remanded.
DANAHY, A.C.J., and LEHAN, J., concur.
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J.M. v. State, 677 So. 2d 890 (Fla. 3d DCA 1996)…eal the trial court’s discretionary choice of disposition in this ease, the disposition order should be affirmed. Two districts have decided cases which assume, without discussion, that the choice of disposition can be appealed. See P.D.W. v. State, 621 So. 2d 739 (Fla. 2d DCA 1993); M.H. v. State, 621 So. 2d 527 (Fla. 2d DCA 1993); K.R. v. State, 584 So. 2d 1132 (Fla. 5th DCA 1991); I.H. v. State, 584 So. 2d 230 (Fla. 5th DCA 1991); T.H. v. State, 573 So. 2d 1090 (Fla. 5th DCA 1991). Those cases do not discu…1 / 2
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E.L. v. State, 715 So. 2d 353 (Fla. 1st DCA 1998)…estrietiveness pursuant to this subpara-graph. The law is clear that compliance with the above provisions is mandatory and that failure to comply constitutes reversible error. See J.E.W. v. State, 672 So. 2d 72 (Fla. 1st DCA 1996); P.D.W. v. State, 621 So. 2d 739 (Fla. 2d DCA 1993); R.G.S. v. State, 597 So. 2d 816 (Fla. 2d DCA 1992). Here, the Department recommended moderate risk placement, but the court determined that placement was insufficient, and, in accordance with section 39.052(4)(e)3, the court sta…
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K.D.G. v. State, 787 So. 2d 56 (Fla. 2d DCA 2001)…e adjudicated delinquent and committed to the department shall include a specific finding of the reasons for the decision. Strict compliance with this provision is mandatory, and a failure to comply constitutes reversible error. See P.D.W. v. State, 621 So. 2d 739 (Fla. 2d DCA 1993). No such finding appears on the record in this case. Because the record does not reflect compliance with these statutory requirements, we affirm the adjudication, but reverse the disposition and remand for a new disposition hearin…
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- R.G.S. v. State, 597 So. 2d 816 (Fla. 2d DCA 1992)