K.O. v. State

K.O. appeals the disposition order placing him in a level eight commitment program to be followed by post-commitment community control. The trial court determined K.O.’s placement without the benefit of a recommendation from the Department of Juvenile Justice (DJJ). K.O. argues that the trial court’s failure to receive and consider such a recommendation was in violation of section 985.23, Florida Statutes (1999) and constitutes reversible error. We agree and reverse.

Section 985.23, entitled “Disposition hearings in delinquency cases,” provides in paragraph (3)(b):

If the court determines that…