K.B. v. State

K.B., a child, appeals a final disposition order that adjudicated K.B. delinquent and committed him to a moderate risk residential placement. This commitment deviated from the recommendation made by the Department of Juvenile Justice (the Department) to commit K.B. to a low risk residential placement. We affirm in part, reverse in part, and remand for further proceedings.

In section 985.23(3)(e), Florida Statutes (2005), the legislature has mandated that, where the trial court orders placement at a different restrictiveness level than the level recommended by the Department,

[t]he court shall…