O.M., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The appellant was adjudicated delinquent for committing the offense of battery on a school board employee. The Department of Juvenile Justice had filed a predisposition report recommending that the appellant be placed on community control, but the trial court rejected the recommendation and imposed a low risk commitment without receiving a further recommendation from the department as to restrictiveness level. This was error. In S.R. v. State, 683 So. 2d 576 (Fla. 1st DCA 1996), we held that “section 39.052(4)(e)2, Florida Statutes, unequivocally requires the court to receive and consider a recommendation from the Department as to restrictiveness level before ordering commitment.” Consequently, we reverse the order of commitment and remand this case for further proceedings. On remand, the trial court should follow the procedure dictated by section 39.052(4)(c), Florida Statutes.
Reversed and Remanded.
MINER, ALLEN and PADOVANO, JJ., concur.
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L.R.J. v. State, 706 So. 2d 72 (Fla. 1st DCA 1998)…nd instead imposed a low-risk commitment. The trial court did not seek another recommendation from the Department prior to imposing commitment, therefore, the question arises as to whether the judgment below can be affirmed in view of O.M. v. State, 689 So. 2d 1265 (Fla. 1st DCA 1997); K.Y.L. and N.L. v. State, 685 So. 2d 1880 (Fla. 1st DCA 1997); and S.R. v. State, 683 So. 2d 576 (Fla. 1st DCA 1996). These cases hold that community control is not a “restrictiveness level” and that section 39.052(4)(e)3, Flori…
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State v. J.P.C., 731 So. 2d 1255 (Fla. 1999)…t is so ordered. HARDING, C.J., and SHAW, WELLS, LEWIS and QUINCE, JJ., concur. PARIENTE, J., concurs with an opinion, in which ANSTEAD, J., concurs. . We disapprove of the precedents upon which the First District relied in J.P.C.: O.M. v. State, 689 So. 2d 1265 (Fla. 1st DCA 1997), and K.Y.L. v. State, 685 So. 2d 1380 (Fla. 1st DCA 1997), to the extent they are inconsistent with E.D.P. This Court disapproved J.P.M. v. State, 688 So. 2d 458 (Fla. 1st DCA 1997), and S.R. v. State, 683 So. 2d 576 (Fla. 1st DC…
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State v. E.D.P., 724 So. 2d 1144 (Fla. 1998)…3 Fla. L. Weekly S180 (Fla. 1998); R.D. v. State, 22 Fla. L. Weekly D1235, - So. 2d -, 1997 WL 240913 (Fla. 1st DCA May 13, 1997), approved on other grounds sub nom. State v. T.M.B., 716 So. 2d 269, 23 Fla. L. Weekly S180 (Fla. 1998); O.M. v. State, 689 So. 2d 1265 (Fla. 1st DCA 1997); K.Y.L. v. State, 685 So. 2d 1380 (Fla. 1st DCA 1997); G.S.C. v. State, 22 Fla. L. Weekly D1672, -So. 2d -, 1997 WL 370364 (Fla. 1st DCA July 7, 1997), approved on other grounds sub nom. State v. T.M.B., 716 So. 2d 269, 23 Fla. L…
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- In the Interest of S.R. v. State, 683 So. 2d 576 (Fla. 1st DCA 1996)