QUIALA v. STATE

PER CURIAM.

The State correctly concedes that the trial court improperly ordered appellant, Emilio Maceo Quiala, recommitted to hospitalization in a secure forensic unit, when HRS had recommended appellant's transfer to a less restrictive civil facility. Where a defendant has met the criteria for involuntary hospitalization and has been committed to the custody of HRS, HRS has exclusive authority to determine the appropriate facility placement over this client. § 916.105(1), Fla. Stat. (1993). See Department of Health and Rehabilitative Servs. v. Pelz, 609 So.2d 155 (Fla. 5th DCA 1992).

Because the trial court exceeded its jurisdiction by making a placement decision under the involuntary commitment statute, we reverse the trial court's recommitment order.

Reversed.