Florida Juvenile Procedure Rule 8.286
RULE 8.286. CIVIL CONTEMPT
(a) Applicability. This rule governs indirect civil contempt
proceedings in matters related to juvenile dependency. The use of
civil contempt sanctions under this rule must be limited to those
used to compel compliance with a court order or to compensate a
movant for losses sustained as a result of a contemnor’s willful
failure to comply with a court order. Contempt sanctions intended
to punish an offender or to vindicate the authority of the court are
criminal in nature and are governed by rule 8.285.
(b) Motion and Notice. Civil contempt may be initiated by
motion. The motion must recite the essential facts constituting the
acts alleged to be contemptuous. No civil contempt may be imposed
without notice to the alleged contemnor and without providing the
alleged contemnor with an opportunity to be heard. The civil
contempt motion and notice of hearing may be served by mail
provided notice by mail is reasonably calculated to apprise the
alleged contemnor of the pendency of the proceedings. The notice
must specify the time and place of the hearing and must contain
the following language: “FAILURE TO APPEAR AT THE HEARING
MAY RESULT IN THE COURT ISSUING A WRIT OF BODILY
ATTACHMENT FOR YOUR ARREST. IF YOU ARE ARRESTED, YOU
MAY BE HELD IN JAIL UP TO 48 HOURS BEFORE A HEARING IS
HELD.”
(c) Hearing. In any civil contempt hearing, after the court
makes an express finding that the alleged contemnor had notice of
the motion and hearing:
(1) The court must determine whether the movant has
established that a prior order was entered and that the alleged
contemnor has failed to comply with all or part of the prior order.
(2) If the court finds the movant has established all of
the requirements in subdivision (c)(1) of this rule, the court must:
(A) if the alleged contemnor is present, determine
whether the alleged contemnor had the present ability to comply
with the prior court order; or
(B) if the alleged contemnor fails to appear, set a
reasonable purge based on the circumstances of the parties.
The court may issue a writ of bodily attachment and direct that,
upon execution of the writ of bodily attachment, the alleged
contemnor be brought before the court within 48 hours for a
hearing on whether the alleged contemnor has the present ability to
comply with the prior court order and, if so, whether the failure to
comply is willful.
(d) Order and Sanctions. After hearing the testimony and
evidence presented, the court must enter a written order granting or
denying the motion for contempt.
(1) An order finding the alleged contemnor to be in
contempt must contain a finding that a prior order was entered,
that the alleged contemnor has failed to comply with the prior court
order, that the alleged contemnor had the present ability to comply,
and that the alleged contemnor willfully failed to comply with the
prior court order. The order must contain a recital of the facts on
which these findings are based.
(2) If the court grants the motion for contempt, the
court may impose appropriate sanctions to obtain compliance with
the order including incarceration, attorneys’ fees and costs,
compensatory or coercive fines, and any other coercive sanction or
relief permitted by law provided the order includes a purge
provision as set forth in subdivision (e) of this rule.
(e) Purge. If the court orders incarceration, a coercive fine,
or any other coercive sanction for failure to comply with a prior
order, the court must set conditions for purge of the contempt,
based on the contemnor’s present ability to comply. The court must
include in its order a separate affirmative finding that the
contemnor has the present ability to comply with the purge and the
factual basis for that finding. The court may grant the contemnor a
reasonable time to comply with the purge conditions. If the court
orders incarceration but defers incarceration for more than 48
hours to allow the contemnor a reasonable time to comply with the
purge conditions, and the contemnor fails to comply within the time
provided, the movant must file an affidavit of noncompliance with
the court. The court then may issue a writ of bodily attachment.
Upon incarceration, the contemnor must be brought before the
court within 48 hours for a determination of whether the contemnor
continues to have the present ability to comply with the purge.
(f) Review after Incarceration. Notwithstanding the
provisions of this rule, at any time after a contemnor is
incarcerated, the court on its own motion or motion of any party
may review the contemnor’s present ability to comply with the
purge and the duration of incarceration and modify any prior
orders.
(g) Other Relief. When there is a failure to comply with a
court order but the failure is not willful, nothing in this rule shall
be construed as precluding the court from granting such relief as
may be appropriate under the circumstances.
(a) Applicability. This rule governs indirect civil contempt
proceedings in matters related to juvenile dependency. The use of
civil contempt sanctions under this rule must be limited to those
used to compel compliance with a court order or to compensate a
movant for losses sustained as a result of a contemnor’s willful
failure to comply with a court order. Contempt sanctions intended
to punish an offender or to vindicate the authority of the court are
criminal in nature and are governed by rule 8.285.
(b) Motion and Notice. Civil contempt may be initiated by
motion. The motion must recite the essential facts constituting the
acts alleged to be contemptuous. No civil contempt may be imposed
without notice to the alleged contemnor and without providing the
alleged contemnor with an opportunity to be heard. The civil
contempt motion and notice of hearing may be served by mail
provided notice by mail is reasonably calculated to apprise the
alleged contemnor of the pendency of the proceedings. The notice
must specify the time and place of the hearing and must contain
the following language: “FAILURE TO APPEAR AT THE HEARING
MAY RESULT IN THE COURT ISSUING A WRIT OF BODILY
ATTACHMENT FOR YOUR ARREST. IF YOU ARE ARRESTED, YOU
MAY BE HELD IN JAIL UP TO 48 HOURS BEFORE A HEARING IS
HELD.”
(c) Hearing. In any civil contempt hearing, after the court
makes an express finding that the alleged contemnor had notice of
the motion and hearing:
(1) The court must determine whether the movant has
established that a prior order was entered and that the alleged
contemnor has failed to comply with all or part of the prior order.
(2) If the court finds the movant has established all of
the requirements in subdivision (c)(1) of this rule, the court must:
(A) if the alleged contemnor is present, determine
whether the alleged contemnor had the present ability to comply
with the prior court order; or
(B) if the alleged contemnor fails to appear, set a
reasonable purge based on the circumstances of the parties.
The court may issue a writ of bodily attachment and direct that,
upon execution of the writ of bodily attachment, the alleged
contemnor be brought before the court within 48 hours for a
hearing on whether the alleged contemnor has the present ability to
comply with the prior court order and, if so, whether the failure to
comply is willful.
(d) Order and Sanctions. After hearing the testimony and
evidence presented, the court must enter a written order granting or
denying the motion for contempt.
(1) An order finding the alleged contemnor to be in
contempt must contain a finding that a prior order was entered,
that the alleged contemnor has failed to comply with the prior court
order, that the alleged contemnor had the present ability to comply,
and that the alleged contemnor willfully failed to comply with the
prior court order. The order must contain a recital of the facts on
which these findings are based.
(2) If the court grants the motion for contempt, the
court may impose appropriate sanctions to obtain compliance with
the order including incarceration, attorneys’ fees and costs,
compensatory or coercive fines, and any other coercive sanction or
relief permitted by law provided the order includes a purge
provision as set forth in subdivision (e) of this rule.
(e) Purge. If the court orders incarceration, a coercive fine,
or any other coercive sanction for failure to comply with a prior
order, the court must set conditions for purge of the contempt,
based on the contemnor’s present ability to comply. The court must
include in its order a separate affirmative finding that the
contemnor has the present ability to comply with the purge and the
factual basis for that finding. The court may grant the contemnor a
reasonable time to comply with the purge conditions. If the court
orders incarceration but defers incarceration for more than 48
hours to allow the contemnor a reasonable time to comply with the
purge conditions, and the contemnor fails to comply within the time
provided, the movant must file an affidavit of noncompliance with
the court. The court then may issue a writ of bodily attachment.
Upon incarceration, the contemnor must be brought before the
court within 48 hours for a determination of whether the contemnor
continues to have the present ability to comply with the purge.
(f) Review after Incarceration. Notwithstanding the
provisions of this rule, at any time after a contemnor is
incarcerated, the court on its own motion or motion of any party
may review the contemnor’s present ability to comply with the
purge and the duration of incarceration and modify any prior
orders.
(g) Other Relief. When there is a failure to comply with a
court order but the failure is not willful, nothing in this rule shall
be construed as precluding the court from granting such relief as
may be appropriate under the circumstances.