T.M.B., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1997-03-13
No. 96-3402
LAWRENCE and PADOVANO, JJ„ concur.
689 So. 2d 1215 Florida District Court of Appeal, First District (1997) Negative Treatment
Cited by 30 cases

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Synopsis

In this juvenile delinquency appeal, the First District Court of Appeal reversed a trial court's disposition order committing a child to a high-risk residential program because the court failed to state reasons on the record for disregarding the Department's recommendation for a moderate-risk placement, as required by statute. The court also found the trial court lacked jurisdiction to revoke community control in two cases where the maximum permissible period had already expired.


Holding

The trial court must state on the record the reasons supporting a decision to commit a juvenile to a restrictiveness level different from that recommended by the Department. Because the trial court provided no reasons for committing T.M.B. to a high-risk program instead of the Department's recommended moderate-risk program, the commitment must be reversed and remanded. Additionally, the trial court lacked jurisdiction to revoke community control in cases where the maximum permissible period had already expired.


Headnotes

[1] Chapter 924 of the Florida Statutes, governing appeals in criminal proceedings, does not apply to juvenile delinquency proceedings.

[2] A trial court must state on the record the reasons for committing a juvenile to a residential program at a higher restrictiveness level than recommended by the Department…

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Key Quotes

“The court shall commit the child to the [Department at the restrictiveness level identified [by the Department in its predisposition report,] or may order placement at a different restrictiveness level. The court shall state for the record the reasons which establish by a preponderance of the evidence why the court is disregarding the assessment of the child and the restrictiveness level recommended by the department.”

Establishes the statutory requirement that trial courts must provide reasons on the record when deviating from the Department's recommended restrictiveness level for juvenile placements.

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Facts & Procedural History

T.M.B., a juvenile, was adjudicated delinquent and the trial court committed her to a high-risk residential placement in the Department of Juvenile Ju…

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Opinion of the Court
WEBSTER, Judge.

WEBSTER, Judge.

In this juvenile delinquency proceeding, appellant seeks review of an order of disposition which adjudicated her a delinquent child and committed her to the Department of Juvenile Justice for a high-risk residential placement. Her principal complaint is that her commitment to a high-risk residential program must be reversed because the trial court did not state on the record any reasons to support its decision to commit her to a higher restrietiveness level program than recommended by the Department. In addition, she complains that her community control had already expired with regard to three 1994 cases and that, therefore, the trial court lacked jurisdiction to revoke community control, and to commit her, in those cases. The only substantive response made by the state is that appellant pled guilty to all of the charges involved and that, because she did not comply with section 924.051(4), Florida Statutes (Supp.1996), sh.e may not raise either issue on appeal. We reverse.

It is relatively well settled that a juvenile’s right to appeal is governed by chapter 39, Florida Statutes (at present, section 39.069), and that chapter 924 does not apply to juvenile proceedings. E.g., State v. C.C., 476 So. 2d 144 (Fla.1985); G.C. v. State, 560 So. 2d 1186 (Fla. Bd DCA 1990), approved, 572 So. 2d 1380 (Fla.1991); M.R.S. v. State, 478 So. 2d 1166 (Fla. 1st DCA 1985). We find nothing in the 1996 amendments to chapter 924 (ch. 96-248, at 953, Laws of Fla.) to suggest a contrary intent on the part of the legislature. Accordingly, we reject the state’s argument in this regard.

Section 39.052(4)(e)3, Florida Statutes (1995), controls the outcome as to appellant’s principal complaint. It reads:

The court shall commit the child to the [Department at the restrictiveness level identified [by the Department in its predisposition report,] or may order placement at a different restrictiveness level. The court shall state for the record the reasons which establish by a preponderance of the evidence why the court is disregarding the assessment of the child and the restrictiveness level recommended by the department. Any party may appeal the court’s findings resulting in a modified level of restrictiveness pursuant to this subparagraph.

In this case, the Department’s predisposition report recommended that appellant be committed to a moderate-risk restrictiveness level program. The trial court disregarded this recommendation, instead committing appellant to a high-risk program. Notwithstanding the language of section 39.052(4)(e)3, the trial court gave no reasons for its decision. Because it gave no reasons, we are constrained to reverse, and to remand for a new disposition hearing. Should the trial court again decide to ignore the Department’s recommendation, it shall comply with section 39.052(4)(e)3.

With regard to appellant’s remaining complaint, our review of the record leads us to conclude that the maximum permissible period of community control had run in cases numbered 94-169 and 94-1419 before the petition alleging a violation of community control was filed. Accordingly, on remand, the trial court may not take any further action in either of those cases, and should delete any reference to them in its subsequent orders of adjudication and disposition. See, e.g., A.R. v. State, 593 So. 2d 1128 (Fla. 1st DCA 1992) (length of supervised community control cannot exceed maximum term adult could serve in prison for same offense or child’s nineteenth birthday, whichever occurs first). REVERSED and REMANDED, with directions.

LAWRENCE and PADOVANO, JJ„ concur.


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Citator

Cited By (15 total)

  • State v. T.M.B., 716 So. 2d 269 (Fla. 1998)
    …SHAW, Justice. We have for review T.M.B. v. State, 689 So. 2d 1215 (Fla. 1st DCA 1997), and consolidated cases wherein the district court certified the following question: DOES SECTION 924.051(4), FLORIDA STATUTES (SUPP.1996), APPLY IN JUVENILE DELINQUENCY PROCEEDINGS? R.A.M. v. State, 695 So. 2d 1308, 1309 (Fla.…
  • R.A.M. v. State, 695 So. 2d 1308 (Fla. 1st DCA 1997)
    …a Statutes (Supp.1996). Although the court in I.T. held that section 924.34 applies in juvenile delinquency proceedings, the court did not hold that chapter 924 is applicable generally in such proceedings. Based upon our decision in T.M.B. v. State, 689 So. 2d 1215 (Fla. 1st DCA 1997), we reject the appellee’s contention that section 924.051(4) applies in juvenile delinquency proceedings. [*1309] But we believe the appellee’s argument presents an issue of great public importance. We therefore certify the follo…
  • Rico L. Cargle v. State, 701 So. 2d 359 (Fla. 1st DCA 1997)
    …hat chapter 924 does not apply to juvenile proceedings.” We have also held that there is “nothing in the 1996 amendments to chapter 924 (ch. 96-248, at 953, Laws of Fla.) to suggest a contrary intent on the part of the legislature.” T.M.B. v. State, 689 So. 2d 1215 (Fla. 1st DCA 1997). Accord J.M.J. v. State, 22 Fla. L. Weekly D1673, — So. 2d -, 1997 WL 369951 (Fla. 1st DCA [*361] July 7, 1997); R.A.M. v. State, 695 So. 2d 1308 (Fla. 1st DCA 1997) (certifying question of whether section 924.051(4), Florida Sta…

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