K.D.G., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court failed to comply with statutory requirements for a predisposition report and specific findings before committing a juvenile.
[1] A trial court must order a predisposition report regarding a juvenile's eligibility for disposition other than adjudication and commitment to the department.
[2] A trial court must consider a predisposition report before making a final disposition of a juvenile delinquency case.
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Join FLexlaw to unlock all legal intelligenceA juvenile was adjudicated delinquent for trespass and committed to the Department of Juvenile Justice. The trial court did not appear to have prepare…
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THREADGILL, Acting Chief Judge.
The appellant, a juvenile, challenges an order adjudicating him delinquent of trespass and committing him to supervision by the Department of Juvenile Justice. He claims the trial court failed to comply with certain statutory requirements. We affirm the adjudication of delinquency, but reverse the disposition.
Section 985.229(1), Florida Statutes (1999), requires a trial court, at the disposition hearing, to order a predisposition report regarding the child’s eligibility for disposition other than by adjudication and commitment to the department.
Section 985.229(2) requires the trial court to consider the predisposition report before making a final disposition of the case. Here, the department recommended, and the tri al court imposed, a level 6 residential commitment for the appellant. There is no indication in the record, however, that a predisposition report was prepared or considered in this case.
The State argues that defense counsel waived this requirement by 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 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 hearing.
WHATLEY and SILBERMAN, JJ., concur.
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B.A.B. v. State, 853 So. 2d 554 (Fla. 1st DCA 2003)…. State, 834 So. 2d 358, 358-59 (Fla. 4th DCA 2003). The PDR 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 ap…
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A.L.M. v. State, 176 So. 3d 1026 (Fla. 1st DCA 2015)…aived a predisposition report and agreed to probation and suspended non-secure residential placement in return for his guilty plea to burglary of a structure or conveyance. A juvenile can waive a predisposition report, see generally K.D.G. v. State, 787 So. 2d 56, 57 (Fla. 2d DCA 2001); B.B. v. State, 718 So. 2d 399, 399 (Fla. 4th DCA 1998); M.H. v. State, 621 So. 2d 527, 528 (Fla. 2d DCA 1993), and A.L.M. does not claim his waiver was in any way defective. He did it as part of a negotiated plea, and when he…
Authorities Cited
- B.B. v. State, 718 So. 2d 399 (Fla. 4th DCA 1998)
- P.D.W. v. State, 621 So. 2d 739 (Fla. 2d DCA 1993)