O.G., a Child, Appellant, v. STATE (2020)

District Court of Appeal of Florida, First District.

O.G., a Child, Appellant, v. STATE of Florida, Appellee.

No. 1D19-2683

Decided: April 07, 2020

Andy Thomas, Public Defender, and Jasmine Quintera Russell, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Heather Flanagan Ross, Assistant Attorney General, Tallahassee, for Appellee.

O.G. appeals a final disposition order finding him delinquent and committing him to the custody of the Department of Juvenile Justice for placement in a non-secure residential program. O.G. argues, and we agree, that the trial court erred in making this placement without first requesting a commitment level recommendation from the Department. See K.L.L. v. State, 224 So. 3d 918 (Fla. 1st DCA 2017); B.K.A. v. State, 122 So. 3d 928, 930-31 (Fla. 1st DCA 2013).

Accordingly, we AFFIRM the portion of the disposition order adjudicating O.G. delinquent, but we REVERSE the non-secure residential commitment placement and REMAND for further proceedings consistent with K.L.L., B.K.A., and section 985.433(7), Florida Statutes.

Per Curiam.

Ray, C.J., and Makar and M.K. Thomas, JJ., concur.

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