concurring and dissenting.
I dissent for the reasons stated in my opinion dissenting to the denial of rehearing in State v. T.M.B., 716 So.2d 269, 271 (Fla.1998), as to the first question.
I concur in the answer to the second question based upon State v. E.D.P., 92,345, — So.2d -, 1998 WL 696947 (Fla. Oct. 8, 1998), and would quash the district court’s decision on this issue.