M.K. v. State

M.K. appeals an order of the trial court which departs from the recommendation of the Department of Juvenile Justice (DJJ) that M.K. be placed on probation and commits M.K. to a moderate risk residential program. Subsequent to the entry of the trial court’s order, the Florida Supreme Court decided E.A.R. v. State, 4 So.3d 614 (Fla. 2009), which announced a new, more rigorous analysis in which a trial court must engage before departing from DJJ’s recommendation. As the court explained in E.A.R.:

The only rational or logical means through which the juvenile court may provide “reasons” that…