Florida Juvenile Procedure Rule 8.150
RULE 8.150. CONTEMPT
(a) Contempt of Court. The court may punish any child for
contempt under this rule for interfering with the court or court
administration, or for violating any order of the court. A child under
the jurisdiction of the juvenile court may be subject to contempt
under this rule even upon reaching the age of majority. If the child
is found in contempt and sentenced to secure detention, on motion
by any party the court must review the placement of the child to
determine whether it is appropriate for the child to remain detained.
(b) Direct Contempt. After a hearing, a contempt may be
punished immediately if the court saw or heard the conduct
constituting the contempt that was committed in the presence of
the court. The child has a right to legal counsel and the right to
have legal counsel appointed by the court if the child is indigent.
The court must inform the child as to the basis for the contempt by
reciting the facts on which the contempt is based. Before the
adjudication of guilt the court must inquire as to whether there is
any cause to show why the child should not be adjudged guilty of
contempt by the court and sentenced therefor. The child must be
given the opportunity to present evidence of excusing or mitigating
circumstances. The judgment must be signed by the court and
entered of record. Sentence must be pronounced in open court.
(c) Indirect Contempt. An indirect contempt may be
prosecuted in the following manner:
(1) Legal Counsel. Counsel must be appointed for all
contempt hearings if the child qualifies for such appointment, or
the child has the right to retain counsel, unless the child waives
counsel in writing as required by rule 8.165.
(2) Order to Show Cause. On affidavit of any person
having personal knowledge of the facts, the court may issue and
sign an order to show cause. The order must state the essential
facts constituting the contempt charged and require the child to
appear before the court to show cause why the child should not be
held in contempt of court. If the contempt charged involves
disrespect to or criticism of a judge, on motion by the child, the
judge must be disqualified by the chief judge of the circuit. The
order must specify the time and place of the hearing, with a
reasonable time allowed for the preparation of a defense after
service of the order on the child. It must be served in the same
manner as a summons. Nothing herein shall be construed to
prevent the child from waiving the service of process.
(3) Motions; Answer. The child may move to dismiss the
order to show cause, move for a statement of particulars, admit to
the offense, or enter a denial and request a hearing.
(4) Detention Before the Hearing. The court may only
detain the child before the contempt hearing solely on the contempt
proceeding if the court provides clear and convincing reasons in
writing demonstrating the court’s belief that the child will fail to
appear in response to the order to show cause.
(5) Hearing. The judge may conduct a hearing without
assistance of counsel or may be assisted in the prosecution of the
contempt by the state attorney or by an attorney appointed for that
purpose. At the hearing, the child has the following rights:
(A) The right to be represented by legal counsel.
(B) The right to testify in the child’s own defense.
(C) The right to confront witnesses.
(D) The right to subpoena and present the
witnesses.
(E) The right to have the hearing recorded and a
copy of such recording.
(F) The right to have a transcript of the
proceeding.
(G) The right to appeal.
(6) Verdict; Judgment. At the conclusion of the hearing
the court must sign a judgment of guilty or not guilty. If the court
finds the child guilty, the judgment should include a recital of the
facts that constituted the contempt.
(7) Sentence. Before the pronouncement of sentence the
court must inform the child of the accusation and judgment against
him or her and inquire as to whether there is any cause to show
why sentence should not be pronounced. The child must be
afforded the opportunity to present evidence of mitigating
circumstances. The court must consider all available and
appropriate sentences, including alternative sanctions. The court
must pronounce the sentence in open court and in the presence of
the child.
I. GENERAL PROVISIONS
(a) Contempt of Court. The court may punish any child for
contempt under this rule for interfering with the court or court
administration, or for violating any order of the court. A child under
the jurisdiction of the juvenile court may be subject to contempt
under this rule even upon reaching the age of majority. If the child
is found in contempt and sentenced to secure detention, on motion
by any party the court must review the placement of the child to
determine whether it is appropriate for the child to remain detained.
(b) Direct Contempt. After a hearing, a contempt may be
punished immediately if the court saw or heard the conduct
constituting the contempt that was committed in the presence of
the court. The child has a right to legal counsel and the right to
have legal counsel appointed by the court if the child is indigent.
The court must inform the child as to the basis for the contempt by
reciting the facts on which the contempt is based. Before the
adjudication of guilt the court must inquire as to whether there is
any cause to show why the child should not be adjudged guilty of
contempt by the court and sentenced therefor. The child must be
given the opportunity to present evidence of excusing or mitigating
circumstances. The judgment must be signed by the court and
entered of record. Sentence must be pronounced in open court.
(c) Indirect Contempt. An indirect contempt may be
prosecuted in the following manner:
(1) Legal Counsel. Counsel must be appointed for all
contempt hearings if the child qualifies for such appointment, or
the child has the right to retain counsel, unless the child waives
counsel in writing as required by rule 8.165.
(2) Order to Show Cause. On affidavit of any person
having personal knowledge of the facts, the court may issue and
sign an order to show cause. The order must state the essential
facts constituting the contempt charged and require the child to
appear before the court to show cause why the child should not be
held in contempt of court. If the contempt charged involves
disrespect to or criticism of a judge, on motion by the child, the
judge must be disqualified by the chief judge of the circuit. The
order must specify the time and place of the hearing, with a
reasonable time allowed for the preparation of a defense after
service of the order on the child. It must be served in the same
manner as a summons. Nothing herein shall be construed to
prevent the child from waiving the service of process.
(3) Motions; Answer. The child may move to dismiss the
order to show cause, move for a statement of particulars, admit to
the offense, or enter a denial and request a hearing.
(4) Detention Before the Hearing. The court may only
detain the child before the contempt hearing solely on the contempt
proceeding if the court provides clear and convincing reasons in
writing demonstrating the court’s belief that the child will fail to
appear in response to the order to show cause.
(5) Hearing. The judge may conduct a hearing without
assistance of counsel or may be assisted in the prosecution of the
contempt by the state attorney or by an attorney appointed for that
purpose. At the hearing, the child has the following rights:
(A) The right to be represented by legal counsel.
(B) The right to testify in the child’s own defense.
(C) The right to confront witnesses.
(D) The right to subpoena and present the
witnesses.
(E) The right to have the hearing recorded and a
copy of such recording.
(F) The right to have a transcript of the
proceeding.
(G) The right to appeal.
(6) Verdict; Judgment. At the conclusion of the hearing
the court must sign a judgment of guilty or not guilty. If the court
finds the child guilty, the judgment should include a recital of the
facts that constituted the contempt.
(7) Sentence. Before the pronouncement of sentence the
court must inform the child of the accusation and judgment against
him or her and inquire as to whether there is any cause to show
why sentence should not be pronounced. The child must be
afforded the opportunity to present evidence of mitigating
circumstances. The court must consider all available and
appropriate sentences, including alternative sanctions. The court
must pronounce the sentence in open court and in the presence of
the child.
I. GENERAL PROVISIONS