D.A. v. State

The Appellant asserts that the trial court erred when it deviated from the commitment-level placement recommended by the Department of Juvenile Justice and ordered that Appellant provide a sample of his DNA. We find that the trial court’s deviation was based on an appropriate consideration, the need to protect the community, which was supported by a preponderance of the evidence. See J.L.K. v. State, 894 So.2d 984 (Fla. 1st DCA 2004); Q.L.J. v. State, 714 So.2d 628 (Fla. 1st DCA 1998). However, the trial court erred *1282when it ordered a DNA sample. Section 943.325, Florida Statutes (2006), does…