In the Interest of S.R. v. State, 683 So. 2d 576 (Fla. Dist. Ct. App. 1996).
In the Interest of S.R. v. State, 683 So. 2d 576 (Fla. Dist. Ct. App. 1996). Book View Copy Cite
Caution Declined to Follow 2 caution
In the Interest of S.R., a child
v.
STATE of Florida
No. 96-943.
District Court of Appeal of Florida.
Nov 7, 1996.
683 So. 2d 576
Nancy A. Daniels, Public Defender, Tallahassee, for Appellant., Robert A. Butterworth, Attorney General; Giselle Lylen Rivera, Assistant Attorney General, Tallahassee, for Appellee.
Allen, Mickle, Miner.
Cited by 44 opinions  |  Published
PER CURIAM.

A juvenile court found appellant guilty of battery on a law enforcement officer and of resisting an officer with violence. The Department of Juvenile Justice filed a predisposition report recommending that appellant be placed on community control. The trial court rejected the Department’s recommendation and, without receiving a further recommendation as to a restrictiveness level, imposed a moderate risk (level 6) commitment. We reverse and remand because section 39.052(4)(e)2., Florida Statutes, unequivocally requires the court to receive and consider a recommendation from the Department as to restrictiveness level before ordering a commitment.

MINER, ALLEN and MICKLE, JJ., concur.