EDP v. State, 97-2953.

• Decision Date: 27 January 1998
• Docket Number: No. 97-2953.,97-2953.
• Citation: 728 So.2d 1173
• Parties: E.D.P., a Child, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

728 So.2d 1173

E.D.P., a Child, Appellant, v. STATE of Florida, Appellee.

No. 97-2953.

District Court of Appeal of Florida, First District.

January 27, 1998.

Nancy A. Daniels, Public Defender; and P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; and Kristina White, Assistant Attorney General, Tallahassee, for Appellee.

DAVIS, Judge.

Appellant was adjudicated delinquent for possession of less than twenty grams of marijuana. The Department of Juvenile Justice had filed a predisposition report recommending 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 a restrictiveness level. This was an error. See J.P.M. v. State, 688 So.2d 458 (Fla. 1st DCA 1997)

; S.R. v. State, 683 So.2d 576 (Fla. 1st DCA 1996). Consequently, we reverse the order of commitment and remand for further proceedings consistent with this opinion. However, we certify the following as a question of great public importance:

DOES THE TRIAL JUDGE, ACTING AFTER A DISPOSITION HEARING AND BASED ON SPECIFIC REASONS, HAVE AUTHORITY TO REJECT THE DEPARTMENT'S COMMUNITY CONTROL RECOMMENDATION WITHOUT REMANDING THE CASE TO THE DEPARTMENT FOR AN ALTERNATIVE RECOMMENDATION?

ALLEN and WEBSTER, JJ., concur.