We have for review T.M. v. State, 623 So.2d 873 (Fla. 5th DCA 1993), which cited as authority a case pending review in this Court, B.H. v. State, 622 So.2d 615 (Fla. 5th DCA 1993), aff'd in part, 645 So.2d 987 (Fla. 1994). We have jurisdiction, art. V, § 3(b)(3), Fla. Const., and approve the decision on authority of B.H.

It is so ordered.

concurring in part and dissenting in part.

I concur in part and dissent in part for the reasons stated in my separate opinion to B.H. v. State, 645 So.2d 987 (Fla. 1994) (Harding, J., concurring in part, dissenting in part).

dissenting.

I dissent for the reasons stated in my separate opinion in B.H. v. State, 645 So.2d 987 (Fla. 1994) (Kogan, J., concurring in part, dissenting in part).

SHAW, J., concurs.