K.R., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The State concedes that the trial court erred by disregarding the recommendation of the Department of Juvenile Justice that Appellant remain on probation. Instead, the trial court adjudicated Appellant delinquent and committed him to a moderate risk facility, and failed to state its reasons on the record for deviating from the Department’s recommendation. See § 985.23(3)(c), Fla. Stat. (2006). Additionally, it failed to reference the characteristics of a moderate risk placement vis-a-vis Appellant’s needs. Failure to do so constitutes reversible error. See C.C.B. v. State, 828 So. 2d 429, 431 (Fla. 1st DCA 2002) (explaining “[t]he trial court must not only state its reasons for disregarding the recommended restrictiveness level on the rec ord, the reasons must also be supported by a preponderance of the evidence and must make reference to the characteristics of the restrictiveness level vis-a-vis the needs of the child.”). Accordingly, we reverse the disposition order and remand for a new disposition hearing. C.M.K. v. State, 855 So. 2d 1234 (Fla. 1st DCA 2003).
REVERSED and REMANDED.
BENTON, HAWKES and THOMAS, JJ., concur.
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D.D.M. v. State, 979 So. 2d 1131 (Fla. 1st DCA 2008)…The state concedes that the trial court erred by deviating from the recommendation of the Department of [*1132] Juvenile Justice without providing adequate reasons.1 Therefore, we reverse and remand for a new disposition hearing. See K.R. v. State, 973 So. 2d 1170 (Fla. 1st DCA 2007) (reversing and remanding for new disposition hearing where trial court failed to provide adequate reasons for deviation from Department’s recommendation). Because we are remanding for a new disposition hearing, we do not address…
Authorities Cited
- C.C.B. v. State, 828 So. 2d 429 (Fla. 1st DCA 2002)
- C.M.K. v. State, 855 So. 2d 1234 (Fla. 1st DCA 2003)