B.B., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
B.B., a child, appeals from his adjudication of delinquency and commitment to the Department of Juvenile Justice after the trial court found he committed the delinquent acts of escaping from a halfway house and obstructing an officer without violence. We reverse B.B.’s commitment because the trial court failed to consider a predisposition report (PDR) as required by section 39.052(3)(a), Florida Statutes (1997). B.B. v. State, 647 So. 2d 268 (Fla. 4th DCA 1994). The requirement of a PDR may be waived, but only if a trial court informs the juvenile of his rights and confirms the juvenile understands the significance of the waiver. Lunn v. State, 675 So. 2d 648 (Fla. 2d DCA 1996). The instant record does not demonstrate B.B. knowingly waived his right to a PDR. Therefore, we vacate B.B.’s commitment and remand for the trial court to consider a PDR before recommitting B.B., or to secure B.B.’s knowing waiver of that right. We find no error in the second point raised by B.B.
REVERSED and REMANDED.
POLEN, GROSS and TAYLOR, JJ., concur.
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K.D.G. v. State, 787 So. 2d 56 (Fla. 2d DCA 2001)…y agreeing with the disposition. The requirement of a predisposition re-poi't, however, may only be waived if the trial court informs the juvenile of his rights and confirms the juvenile understands the significance of the waiver. See B.B. v. State, 718 So. 2d 399 (Fla. 4th DCA 1998). There is no evidence in the record that the appellant waived consideration of such a report. Further, section 985.23(3)(a), Florida Statutes (1999), states that a trial court’s determination that a child should be adjudicated…
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R.K. v. State, 834 So. 2d 358 (Fla. 4th DCA 2003)…ed an Order of Disposition and Commitment to the Department. Appellee, State of Florida, concedes, and we agree, that a predisposition report must be prepared and reviewed by the trial judge prior to the commitment of a juvenile. See B.B. v. State, 718 So. 2d 399 (Fla. 4th DCA 1998) (before committing juvenile to the Department following adjudication of delinquency, trial court was required to consider predisposition report; record did not demonstrate that juvenile knowingly waived his right to PDR.). See [*…
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B.A.B. v. State, 853 So. 2d 554 (Fla. 1st DCA 2003)…requirement may be waived, but only if the trial court informs the juvenile of his or her rights and confirms that the juvenile understands the significance of the waiver. K.D.G. v. State, 787 So. 2d 56, 57 (Fla. 2d DCA 2001) (citing B.B. v. State, 718 So. 2d 399, 399 (Fla. 4th DCA 1998)). [*556] On appeal, the State concedes that, contrary to the Juvenile Order of Disposition, the record is devoid of any express and knowing waiver of the PDR by appellant. The State argues, however, that a remand in this cas…
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- In the Interest of B.B. v. State, 647 So. 2d 268 (Fla. 4th DCA 1994)
- Lunn v. State, 675 So. 2d 648 (Fla. 2d DCA 1996)