## Facts

- B.B. was a juvenile charged in a delinquency proceeding.
- B.B. pleaded guilty to battery and was adjudicated delinquent.
- After adjudication, the trial court entered a disposition order.
- The trial court entered disposition without first considering a predisposition report.
- The written disposition order stated that B.B. had waived the predisposition report.
- The record did not reflect any on-the-record waiver of the predisposition report by B.B.
- B.B. appealed, arguing that Florida law required the court to consider a predisposition report unless it was properly waived on the record.

## Issues

1. May a juvenile court enter a disposition without considering a predisposition report when the record does not show that the juvenile waived the report on the record?

## Decision

- No. A juvenile court may not proceed to disposition without a predisposition report unless there is a valid waiver reflected in the record.
- The trial court’s notation in the written disposition order that B.B. waived the report was insufficient where the transcript and record did not show an actual waiver.
- The disposition order was reversed, and the case was remanded for further proceedings consistent with the requirement that a predisposition report be considered unless properly waived.

## Legal Principles

- In Florida juvenile delinquency proceedings, a predisposition report is generally required before disposition.
- A waiver of a predisposition report must be affirmatively shown in the record; a statement in a written order, standing alone, is not enough if the record does not show the waiver occurred.
- When the record does not demonstrate a proper waiver, entering disposition without considering the predisposition report is reversible error.

## Conclusion

*In re B.B.* holds that a juvenile disposition entered without consideration of a predisposition report cannot stand when the claimed waiver is not reflected in the record; the appellate court reversed and remanded because Florida law requires either consideration of the report or a record-supported waiver.


In re B.B., 647 So. 2d 268 (1994)