A.E., a Child, Appellant, v. STATE (2021)

A.E., a juvenile, appeals a finding that she violated her probation by failing to complete community service hours and an adjudication of delinquency for the new offense of possession of eutylone, a controlled substance. We affirm the adjudication of delinquency without further discussion.

However, we reverse the finding of violation of probation for failure to complete community service hours because a finding of violation of probation may not be exclusively based on hearsay evidence. See J.B. v. State, 84 So. 3d 401, 402 (Fla. 4th DCA 2012). Per the terms of A.E.’s probation, she was supposed to complete 75 community service hours by October 2018. At the violation of probation hearing, A.E.’s probation officer testified that she began supervising A.E. in January 2020. She further testified that A.E. failed to comply with the conditions of her probation by failing to complete all 75 hours. The probation officer acknowledged, however, that she had no personal knowledge of any events prior to January 28, 2020, and that her testimony was based on her review of A.E.’s file. The file was not moved into evidence, and no further evidence was presented concerning the violation. The trial court found that A.E. violated her probation by failing to complete the community service hours, among three other unchallenged grounds.

Because the violation of probation for failing to complete community service hours was based entirely on hearsay evidence, we reverse that finding and remand “for the trial court to reconsider whether it would have imposed the same sentence if faced with only the supported violation[s].” Id.

Affirmed in part, reversed in part, and remanded with instructions.

Per Curiam.

Ciklin, Gerber and Forst, JJ., concur.