S.S.M., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A trial court must state specific reasons, referencing restrictiveness levels and child's needs, when disregarding DJJ recommendations in juvenile commitment proceedings.
A juvenile was committed to a high-risk residential program, ignoring DJJ recommendations. The stated reasons were the minor being out of control and …
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PER CURIAM.
S.S.M. was committed to a level 8, high-risk residential program. This commitment ignored the recommendations of the Department of Juvenile Justice (DJJ).
A trial court may disregard the recommendations of the DJJ in a juvenile proceeding. See § 985.23(3)(c), Fla. Stat. (2001). However, when the recommendations are disregarded, the court must state the reasons for doing so, including making reference to the characteristics of the re strictiveness level and the needs of the child. A.G. v. State, 737 So. 2d 1244, 1247 (Fla. 5th DCA 1999). The reasons given for imposing a level 8 program here were that the minor appeared to be out of control and disrespectful to her mother. The court made no reference to the level 8 restrictiveness level or how such a level served the needs of S.S.M. Furthermore, considering the offenses committed by S.S.M. (resisting arrest without violence and disrupting a school class), it is unlikely that such a commitment was necessary to protect the “public safety.” § 985.03(45)(c), Fla. Stat. (2001).
We vacate the commitment order and remand for sentencing in accordance with the DJJ recommendations or a sentence that is justified by the record with stated reasons. The commitment order should also indicate the term of sentence; the order appealed committed S.S.M. for an indefinite period.
ORDER VACATED; REMANDED.
THOMPSON, C.J., PETERSON and PLEUS, JJ., concur.
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K.S. v. State, 835 So. 2d 350 (Fla. 4th DCA 2003)…o impose a moderate risk commitment.” The First District admitted that it could speculate as to why the court imposed the commitment level it did, but reasoned, “such speculation cannot be the basis of appellate review.” Id.; accord S.S.M. v. State, 814 So. 2d 1234, 1235 (Fla. 5th DCA 2002)(vacating the juvenile court’s order and remanding because the court had not referenced the characteristics of the restrictiveness level and the needs of the child). Although we are concerned that our comment in S.L.K may g…
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G.L. v. State, 937 So. 2d 801 (Fla. 5th DCA 2006)…sons for doing so and make reference to the characteristics of the restrictiveness level and the needs of the child. T.N. v. State, 929 So. 2d 1133, 1137 (Fla. 5th DCA 2006); C.M.L. v. State, 895 So. 2d 495, 496 (Fla. 5th DCA 2005); S.S.M. v. State, 814 So. 2d 1234, 1234-35 (Fla. 5th DCA 2002). The . court cannot depart from the DJJ’s recommendation merely because it disagrees with it. C.M.L., 895 So. 2d at 496; A.G. v. State, 737 So. 2d 1244, 1247 (Fla. 5th DCA 1999). If the court fails to make specific findi…
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C.M.L. v. State, 895 So. 2d 495 (Fla. 5th DCA 2005)…idered in disregarding the DJJ’s recommendation. Finally, in departing from the DJJ recommendations, the court erroneously failed to make reference to the characteristics of the restrictiveness level and the needs of the child. See S.S.M. v. State, 814 So. 2d 1234 (Fla. 5th DCA 2002); A.G. v. State, 737 So. 2d 1244, 1247 (Fla. 5th DCA 1999). The court stated that it was placing C.M.L. in a Level 10 commitment, but the trial court neither wrote nor stated on the record why a commitment to Level 10 would benefi…1 / 2
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