A.H.D. v. State

PETERSON, Judge.

A.H.D, a child, asserts that the trial court erred when it did not request a juvenile justice recommendation on a restrictiveness level after rejecting the community control recommendation.

We affirm, and adopt the interpretation of the second district of section 39.052(4)(e)(2), Florida Statutes (1995):

We do not believe the statute requires the court, once it has already rejected the Department’s non-commitment recommendation to then ask the Department for a second recommendation. A request for a second recommendation would seem particularly unnecessary in view of section…