K.K.J., a child v. State of Florida

FIRST D ISTRICT COURT OF APPEAL
S TATE OF FLORIDA
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No. 1D2025-1956
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K.K.J., a child,
Appellant,
v.
S TATE OF FLORIDA ,
Appellee.
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On appeal from the Circuit Court for Alachua County.
Susanne Wilson Bullard, Judge.
April 29, 2026
P ER C URIAM.
Appellant, 	K.K.J., 	challenges 	the 	trial 	court’s 	order
committing her to a high-risk residential commitment program
after she pled no contest to grand theft of a firearm and possession
of a firearm by a minor. Appellant argues, and we agree, that the
trial 	court 	failed 	to 	comply 	with 	the 	requirements 	of 	section
985.433(7)(b), Florida Statutes, as interpreted in E.A.R. v. State, 4
So. 3d 614 (Fla. 2009), when it departed from the Department of
Juvenile Justice’s recommended placement within a moderate-risk
program. Specifically, the trial court did not provide a “legally
sufficient 	foundation” 	for 	disregarding 	the 	Department’s
recommendation “by identifying significant information that the
Department 	has 	overlooked, 	failed 	to 	sufficiently 	consider, 	or
misconstrued” as to Appellant’s needs and the public risk she

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poses. Id. at 638. The trial court’s generalized conclusions are
insufficient to disregard the Department’s recommendation. See
M.H. v. State, 69 So. 3d 325, 328 (Fla. 1st DCA 2011) (“In order to
deviate lawfully, a trial court must do more than place generalized
reasons on the record; it must engage in a well-reasoned and
complete analysis of the [predisposition report] and the type of
facility to which the trial court intends to send the child.”); J.W.B.
v. State, __ So. 3d __, 2026 WL 816515 at *1 (Fla. 1st DCA, March
25, 2026) (same).
Accordingly, we reverse and remand the disposition order for
the trial court to provide sufficient reasons for deviating from the
Department’s recommendation or, in the alternative, to impose the
Department’s recommendation. State v. J. J., 359 So. 3d 863, 869
(Fla. 1st DCA 2023); C.M.H. v. State, 25 So. 3d 678, 680 (Fla. 1st
DCA 2010).
R EVERSED and REMANDED.
OSTERHAUS, C.J., and LEWIS and WINOKUR , JJ., concur.
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Not 	final 	until 	disposition 	of 	any 	timely 	and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Jessica J. Yeary, Public Defender, and Jasmine Dixon, Assistant
Public Defender, Tallahassee, for Appellant.
James 	Uthmeier, 	Attorney 	General, 	and 	Darcy 	Townsend,
Assistant Attorney General, Tallahassee, for Appellee.