E.D.P. v. State
1998 Fla. App. LEXIS 567
Fla. Dist. Ct. App.1998Check TreatmentAppellant 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?