Interest of A.C.N. v. State
Interest of A.C.N. v. State
Opinion of the Court
In this juvenile delinquency appeal, AC.N. challenges an order entered pursuant to section 985.23(3)(c), Florida Statutes (1997), committing him to a high-risk residential program. Appellant argues that the trial court erred in sentencing him to a more restrictive level of commitment than the low-risk residential program recommended by the Department of Juvenile Justice. Because the reasons given by the trial court for disregarding the restrictiveness level recommended by the Department are not supported by competent substantial evidence, we reverse.
Appellant pled guilty to three counts of burglary to a conveyance or structure. His prior record and history in the juvenile justice system consisted of an allegation that he
Section 985.23(3)(c), Florida Statutes (1997), governs the commitment proceeding in juvenile delinquency eases and provides, as follows:
The court shall commit the child to the department at the restrictiveness level identified or may order placement at a different restrictiveness level. The court shall state for the record the reasons which establish by a preponderance of the evidence why the court is disregarding the assessment of the child and the restrictiveness level recommended by the department. Any party may appeal the court’s findings resulting in a modified level of restrictiveness pursuant to this paragraph.
While the statute expressly affords the trial court the discretion to depart from the Department’s recommendation, the legislature did not grant the trial court the authority to reject the Department’s recommendation simply because it disagrees with the Department’s assessment. The reasons stated by the trial court are required to “establish ... why” the court is “disregarding,” in contrast to simply disagreeing with, the Department’s “assessment of the child and the [recommended] restrictiveness level.” Further, the trial court’s reasons for disregarding the recommendation of the Department must not only be stated on the record, the reasons also must be supported by a preponderance of the evidence; section 985.23, Florida Statutes (1997); see also Q.L.J. v. State, 714 So.2d 628 (Fla. 1st DCA 1998); R.D.S. v. State, 696 So.2d 1188 (Fla. 1st DCA 1997); J.M. v. State, 677 So.2d 890 (Fla. 3d DCA 1996); and, as Judge Griffin has observed, “the reason[s] must have reference to the characteristics of the restrictiveness level vis-a-vis the needs of the child.” J.L.O v. State, 721 So.2d 440, 443 (Fla. 5th DCA 1998) (Griffin, C.J., dissenting).
Appellate review of the trial court’s order committing appellant to a modified level of restrictiveness is expressly authorized by the last sentence of section 985.23(3)(c). See J.M., 677 So.2d at 891-892. Because this statute requires that the decision of the trial court to disregard the Department’s recommendation must be supported by a preponderance of the evidence, our standard of review is whether the trial court’s findings are supported by competent substantial evidence. See L.O. v. State, 718 So.2d 155, 157 (Fla. 1998); Dravo Basic Materials Co., Inc. v. Department of Transp., 602 So.2d 632, 635 (Fla. 2d DCA 1992); see generally Philip J. Padovano, Florida Appellate Practice, § 9.6 (West 1997).
In the instant case, the trial court stated that its primary reason for committing appellant to a high-risk residential program was because the Department’s recommendation for low-risk restrictiveness “fails to address the pattern of criminal activity of this child.” However, the Department’s report, through which it recommended a low-risk restrictiveness level, described and weighed A.C.N.’s entire criminal activities in great detail. Thus, this reason has no factual support in the record.
The trial court also stated that “a residential program is necessary to punish” appellant and “to protect the community.”
REVERSED and REMANDED.
. The staff analysis prepared for HB 1369, which . created Chapter 985, Florida Statutes, explains that a trial court's “decision in placing a youth is based upon information in the DJJ pre-disposition report (PDR) and statutory guidelines for disposition of juvenile cases.” House of Representatives Committee On Juvenile Justice, Bill Research & Economic Impact Statement (HB 1369) (March 27, 1997 & April 4, 1997)(empha-sis added).
Reference
- Full Case Name
- In the Interest of A.C.N., a child v. STATE of Florida
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- 64 cases
- Status
- Published