On Rehearing

The Petitioner’s Motion for Rehearing and/or Clarification is hereby denied.

WELLS, J., dissents with an opinion, in which PARIENTE, J., concurs.

dissenting.

I dissent for the reasons stated in my opinion dissenting from the denial of rehear*914ing in State v. T.M.B., 716 So.2d 269 (Fla. 1998) (order denying rehearing).

We have for review A.L.W. v. State, 22 Fla. L. Weekly D2227, — So.2d-, 1997 WL 578660 (Fla. 1st DCA Sept.16, 1997), wherein the district court certified the same question before this court in State v. T.M.B., 716 So.2d 269 (Fla. 1998):

DOES SECTION 924.051(4), FLORIDA STATUTES (SUPP. 1996), APPLY IN JUVENILE DELINQUENCY PROCEEDINGS?

We have jurisdiction. Art. V., § 3(b)(4), Fla. Const. We have already answered this question in the negative in T.M.B. We approve A.L.W.

It is so ordered.