Q.M., A Child v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA Q.M., a child, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, v. CASE NO. 1D07-2705 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed December 5, 2007. An appeal from the Circuit Court for Leon County. Angela C. Dempsey, Judge. Nancy Daniels, Public Defender, and Glen P. Gifford, Assistant Public Defender, Office of the Public Defender, Tallahassee, for Appellant. Bill McCollum, Attorney General, Office of the Attorney General, Tallahassee, for Appellee. PER CURIAM. The condition of probation requiring the child 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); T.L.D. v. State, 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. 2

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